LB 

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THE 

SCHOOL LAWS 

ANNOTATED 



OF THE 



STATE OF COLORADO 

As Amended to Date 

June 30, 1915 ^X^^^^jf 



MARY C. C. BRADFORrr^r^,. ^.o^^. 




The Smith-Brooks Company, State Printers 
Denver, Colorado 






\ 



<\\o 



ACKNOWLEDGMENTS 

The school people of the State of Colorado are greatly 
indebted to the Deputy State Superintendent of Public Instruc- 
tion, Hon. AliceB. Clark, for her painstaking and competent work 
upon the present edition of the School Laws. 

To Hon. Clement F. Crowley, Assistant Attorney General, 
much credit is also due. 

The State Department of Public Instruction desires to 
acknowledge the exceeding value of the service rendered by 
these officials. 



fey Trfens^f 

MOV 16* '^25 



FOREWORD 

This volume contains a complete edition of the School Laws 
of the State of Colorado, and the provisions of the Enabling Act 
and Constitution of the state relating to the entire public school 
system, including all the state educational institutions, revised to 
July, 1915. 

Decisions of the courts of Colorado and of the State Depart- 
ment of Public Instruction upon questions of school law have 
been omitted from this volume. A desire for simplification and 
increased facility in the use of the school law has occasioned this 
change. 

The Department desires to call attention to the fact that 
copies of the school law, while intended for the benefit of school 
officials, become the property of the district to which they are 
sent, and as such should be delivered to successive school officers, 
to whose use they are dedicated. 



State Superintendent of Public Instruction. 
State Capitol, Denver, Colorado, June 30, 1915. 



EXPLANATORY NOTE 

Section numbers used in this edition for the Enabling Act and 
Colorado Constitution are the corresponding numbers used in the 
Revised Statutes of Colorado of 1908. 

Numbers at the beginning of each section of the law proper, 
commencing with "Alcoholic Drinks," are our own. The number 
at the end of each such section is the corresponding number of the 
section of the Revised Statutes. 

This edition of the school law is to be known as the "School 
Laws Annotated. ' ' In referring to a section thereof — for instance, 
section 25 — the reference should be "S. L. A. 25." 

The letters "R. S." mean Revised Statutes. The figures fol- 
lowing are the corresponding sections of such statutes, but are 
used herein for identification only, and not for reference ; for 
instance, "R. S. 25" means section 25 of the Revised Statutes of 
Colorado of 1908. 

The letters and figures "S. L. '09" or "S. L. '11" refer to the 
official Session Laws of Colorado for the years 1909, 1911 or 1913. 
The numbers following are the pages of such official laws; for 
instance, "S. L. '09, p. 26," means the corresponding portion of 
the law found on page 26 of the Session Laws of Colorado of 1909. 

The letters "C. " and "C. A." mean Colorado Supreme Court 
Reports and Colorado Court of Appeals, respectively. The num- 
bers preceding are the numbers of the volumes, and the numbers 
following are the pages of such volume. For instance, "4 C. 25" 
refers to the decision found in the fourth volume of the Colorado 
reports, beginning at page 25. 

The paragraphs in the smallest type, following the word 
"Note," are either references to other provisions of the law or in 
explanation of general provisions, but are not to be considered in 
any sense as decisions of this department. 



Provisions of the Enabling Act 

AND 

Constitution of the State of Colorado 

Pertaining to Public Schools 



THE ENABLING ACT 



7. Lands for schools. The sections numbered sixteen and 
thirty-six in every township, and where such sections have been 
sold or otherwise disposed of by any act of congress, other lands 
equivalent thereto in legal subdivisions of not more than one 
quarter-section, and as contiguous as may be, are hereby granted 
to said state for the support of common schools. 

# # ^: # # # # 

10. Seventy-two sections for university. That, seventy-two 
other sections of land shall be set apart and reserved for the use 
and support of a state university, to be selected and approved in 
manner as aforesaid, and to be appropriated and applied as the 
legislature of said state may prescribe for the purpose named and 
for no other purpose. 

14. School lands — how sold — price. That the two sections 
of land in each township herein granted for the support of com- 
mon schools, shall be disposed of only at public sale, and at a 
price not less than two dollars and fifty cents per acre, the pro- 
ceeds to constitute a permanent school fund, the interest of which 
is to be expended in the support of common schools. 

15. Mineral lands excepted. That all mineral lands shall be 
excepted from the operation and grants of this act. 

Indemnity lands 
Note. This section should be construed in connection with section 7, 
supra, in that if sections 16 or 36 in any township are mineral in character, 
other sections are selected by the state in lieu thereof, and when any lands 
are selected in lieu of sections 16 or 36, or portions thereof, such selected 
land is known as "Indemnity Land." 



ANNOTATED SCHOOL LAWS 



CONSTITUTION 



ARTICLE IV 

EXECUTIVE DEPARTMENT 

1. Term of office — ^residence — duties — seat of g-overnment. 

The executive department shall consist of a governor, lieutenant- 
governor, secretary of state, auditor of state, state treasurer, at- 
torney-general, and superintendent of public instruction, each of 
Vv^hom shall hold his office for the term of two years, beginning 
on the second Tuesday of January next after his election ; * * * 
The officers of the executive department, except the lieutenant- 
governor, shall, during their term of office, reside at the seat of 
government, where they shall keep the public records, books and 
papers. They shall perform such duties as are prescribed by this 
constitution or by law. 

w ^ Jjp %■ ^ ^ w 

3. State officers — election — returns — canvass — contests. The 

officers named in section one of this article shall be chosen on the 
day of the general election, by the qualified electors of the 
state * * * . 

4. Elig-ibility — iirst election — thereafter — age — residence. 
No person shall be eligible to the office of governor, lieutenant- 
governor, or superintendent of public instruction, unless he shall 
have attained the age of thirty years. * * * and in addition to 
the qualifications above prescribed therefor, he shall be a citizen 
of the United States, and have resided within the limits of the 
state two years next preceding his election. 

# # * # * # * 

6. Governor appoint officers — vacancy — election — senate con- 
firms. * *' * If the office of auditor of state, state treasurer, 
secretary of state, attorney-general, or superintendent of public 
instruction, shall be vacated by death, resignation or otherwise, it 
shall be the duty of the governor to fill the same by appointment, 
and the appointee shall hold his office until his successor shall be 
elected and qualified in such manner as may be provided by 
law. * * * 

# # * * * * * 

8. Governor demand information from officers. The gov- 
ernor may require information in writing from the officers of the 



STATE OV COLORADO t 

execiitive department upon any subject relating to the duties of 
their respective offices, which information shall be given upon 
oath whenever so required; lie may also require information in 
writing at any time, under oath, from all officers and managers 
of state institutions, upon any subject relating to the condition, 
management and expenses of their respective offices and insti- 
tutions. * * * 

* * * * * * # 

16. Officers keep account of moneys — semi-annual reports. 

An account shall be kept by the officers of the executive depart- 
ment and of all public institutions of the state, of all moneys re- 
ceived by them severally from all sources, and for every service 
performed, and of all moneys disbursed by them severally, and a 
semi-annual report thereof shall be made to the governor, under 
oath. 

17. Officers executive department — biennial report — governor 
transmit. The officers of the executive department, and of all 
public institutions of the state, shall, at least twenty days pre- 
ceding each regular session of the general assemblyj make full 
and complete reports of their actions to the governor, who shall 
transmit the same to the general assembly. 

19. Officers receive salary — fees paid into treasury. Tlie 
officers named in section 1 of this article shall receive for their 
services a salary to be established by law, v/hich shall not be 
increased or diminished during their official terms. It shall be 
the duty of all such officers to collect in advance all fees pre- 
scribed by law for services rendered by them severally, and pay 
the same into the state treasury. 

20. Superintendent of public instruction, ex officio librarian. 
The superintendent of public instruction shall be ex officio state 
librarian. 

-Jp w ^ ^ ^ rfr 

ARTICLE V 

SPECIAL LEGISLATION 

******* 

25. Special legislation prohibited. The general assembly 
shall not pass local or special laws in any of the following 
enumerated cases, that is to say; * * * providing for the 
management of common schools * * * ^ 



ANNOTATED SCHOOL LAWS 



ARTICLE VII 



SUFFRAGE AND ELECTIONS 

1. Citizenship. Every person over the age of twenty-one 
years, possessing the following qualifications, shall be entitled to 
vote at all elections : He or she shall be a citizen of the United 
States, and shall have resided in the state twelve months imme- 
diately preceding the election at which he offers to vote, and in 
the county, city, town, ward or precinct, such time as may be 
prescribed by law. 

Residence in city, town, ward and precinct 

Note. Section 146 provides, in addition to above, that sucli person 
shall reside in this state one year immediately preceding the election at 
which he offers to vote; in the county, ninety days; in the city or town, 
thirty days ; and in the ward or precinct, ten days ; and section 143 provides 
that to vote at school election, the elector must live in the school district 
thirty days. 

4. Absence in civil or military service. For the purpose of 
voting and eligibility to office, no person shall be deemed to have 
gained a residence by reason of his presence, or lost it by reason 
of his absence, while in the civil or military service of the state, 
or of the United States, nor while a student at any institution of 
learning, nor while kept at public expense in any poorhouse or 
other asylum, nor while confined in public prison. 

5. Privilege of voters. Voters shall in all cases, except 
treason, felony or breach of the peace, be privileged from arrest 
during their attendance at elections, and in going to and returning 
therefrom. 

6. Electors only eligible to office. No person except a quali- 
fied elector shall be elected or appointed to any civil or military 

office in the state. 

* .* * * * * * 

10, Prisoners disqualified — restoration — pardon or full 
service. No person while confined in any public prison shall be 
entitled to vote ; but every such person who was a qualified elector 
prior to such imprisonment, and who is released therefrom by 
virtue of a pardon, or by virtue of having served out his full term 
of imprisonment, shall, without further action, be invested with 
all the rights of citizenship, except as otherwise provided in this 
constitution. 



STATE OF COLORADO \f 

ARTICLE VIII 

STATE INSTITUTIONS 

1. Charitable institutions established. Educational, reform- 
atory and penal institutions, and those for the benefit of the 
insane, blind, deaf and mute, and such other institutions as the 
public good may require, shall be established and supported by 
the state, in such manner as may be prescribed by law. 

•w" "SF "jF * -IF W ^ 

5. State institutions — properties and moneys — location. The 

following educational " astitutions, to-wit : The University at 
Boulder, the Agricultural College at Fort Collins, the School of 
Mines at Golden, and the Institute for the Education of Mutes 
(which shall hereafter be known as Colorado School for Deaf and 
Blind), at Colorado Springs, are hereby declared to be institutions 
of the state of Colorado, and the management thereof subject to 
the control of the state, under the provisions of the constitution, 
and such laws and regulations as the general assembly may pro- 
vide, and the location of said institutions, as well as all gifts, 
grants and appropriations of money and property, real and per- 
sonal, heretofore made to said several institutions, are hereby con- 
firmed to the use and benefit of the same respectively ; Provided, 
This section shall not apply to any institution, the property, real 
or personal, of which is now vested in the trustees, thereof, until 
such property be transferred by proper conveyance, together with 
the control thereof, to the officers provided for the management 
of said institution by this constitution or by law; and. Provided 
further, That the regents of the University may, whenever in their 
judgment the needs of the institution demand such action, estab- 
lish, maintain and conduct all but the first two years of the 
departments of medicine, dentistry and pharmacy, of the Uni- 
versity, at Denver; and, Provided further, That nothing in this 
section shall be construed to. prevent state educational institutions 
from giving temporary lecture courses, commonly called "Uni- 
versity extension work," and ''Farmers Institute and Short 
Courses," in any part of the state, or conducting class excursions 
for the purpose of investigation and study. — Const. Amend. S. L. 
'09, p. 324. 



10 ANNOTATED SCHOOL LAWS 

ARTICLE IX 

EDUCATION 

1. Board of education — members — president. The general 
supervision of the public schools of the state shall be vested in a 
board of education, whose powers and duties shall be prescribed 
by law ; the superintendent of public instruction, the secretary of 
state and attorney-general shall constitute the board, of which 
the superintendent of public instruction shall be president. 

Note. 1. Superintendent of public instruction an oflficer of executive 
department. — Art. IV, §1. 

2. Qualifications of superintendent. — Art. IV, § 4. 

3. Ex officio state librarian.— Art. IV, § 20. 

2. Free schools — one in each district — three months. The 

general assembly shall, as soon as practicable, provide for the 
establishment and maintenance of a thorough and uniform system 
of free public schools throughout the state, wherein all residents 
of the state between the ages of six and twenty-one years may be 
educated gratuitously. One or more public schools shall be main- 
tained in each school district within the state, at least three 
months in each year: any school district failing to have such 
school shall not be entitled to receive any portion of the school 
fund for that year. 

Note. See teachers' minimum salary, § 384a. 

3. School fund inviolate — state treasurer custodian. The 

public school fund of the state shall forever remain inviolate and 
intact; the interest thereon shall only be expended in the mainte- 
nance of the schools of the state, and shall be distributed amongst 
the several counties and school districts of the state, in such 
manner as may be prescribed by law. No part of this fund, 
principal or interest, shall ever be transferred to any other fund, 
or used or appropriated except as herein provided. The state 
treasurer shall be the custodian of this fund, and the same shall 
be securely and profitably invested as may be by law directed. 
The state shall supply all losses thereof that may in any manner 
occur. 

4. County treasurer collect and disburse — warrants. Each 
county treasurer shall" collect all school funds belonging to his 
county, and the several school districts therein, and disburse the 
same to the proper districts upon warrants drawn by the county 
superintendent or by the proper district authorities, as may be 
provided by law. 



STATE OK COLORADO 11 

5. School fund — of what consists. The public school fund 
of the state shall consist of the proceeds of snch lands as have 
heretofore been, or may hereafter be, granted to the state by the 
general government for educational purposes; all estates that 
may escheat to the state ; also all other grants, gifts or devises 
that may be made to this state for educational purposes. 

6. County superintendent — commissioner of lands. There 
shall be a count}^ superintendent of schools in each county, whose 
term of office shall be tAvo years, and whose duties, qualifications 
and compensation shall be prescribed by law. He shall be ex 
officio commissioner of lands within his county, and shall dis- 
charge the duties of said office under the direction of the state 
board of land commissioners, as directed by law. 

7. Aid to sectarian schools and churches forbidden. Neither 
the general assembly, nor any county, city, town, township, school 
district, or other public corporation, shall ever make any appro- 
priation, or pay from any public fund or moneys whatever, any- 
thing in aid of any church or sectarian societj^, or for any sec- 
tarian purpose, or to help support or sustain any school, academy, 
seminary, college, university or other literary or scientific insti- 
tution, controlled by any church or sectarian denomination what- 
soever ; nor shall any grant or donation of land, money, or other 
personal property, ever be made by the state, or any such public 
corporation, to any church, or for any sectarian purpose. 

8. Religious test forbidden — sectarian tenets — race, color. 
No religious test or qualification shall ever be required of any 
person as a condition of admission into any public.educational in- 
stitution of the state, either as teacher or student ; and no teacher 
or student of any such institution shall ever be required to attend 
or participate in any religious service whatever. No sectarian 
tenets or doctrines shall ever be taught in the public schools, nor 
shall any distinction or classification of pupils be made on account 
of race or color. 

Note. See §355. 

11. Compulsory education. The general assembly may re- 
quire, by law, that every child of sufficient mental and physical 
ability, shall attend the public school, during the period between 
the ages of six and eighteen years, for a time equivalent to three 
years, unless educated by other means. 

Note. See Kindergarten Act, § 233. 



12 ANNOTATED SCHOOL LAWS 

12. University — regents — election. There shall be elected by 
the qualified electors of the state, at the first general election 
under this constitution, six regents of the university, who shall 
immediately after their election be so classified, by lot, that two 
shall hold their office for the term of two years, two for four 
years, and two for six years ; and every two years after the first 
election there shall be elected two regents of the university, whose 
term of office shall be six years. The regents thus elected, and 
their successors, shall constitute a body corporate, to be known 
by the name and style of "The Regents of the University of 
Colorado." 

Note. See generally state educational institutions. 

13. Reg-ents elect president — powers. The regents of the 
university shall, at their first meeting, or as soon thereafter as 
practicable, elect a president of the university, who shall hold his 
office until removed by the board of regents for cause ; he shall 
be ex officio a member of the board, with the privilege of speaking, 
but not of voting, except in cases of a tie ; he shall preside at the 
meetings of the board, and be the principal executive officer of 
the university, and a member of the faculty thereof. 

14. Regents control university — funds. The board of regents 
shall have the general supervision of the university, and the 
exclusive control and direction of all funds of, and appropriations 
to the university. 

15. School districts — board of education. The general as- 
sembly shall, by law, provide for organization of school districts 
of convenient size, in each of which shall be established a board 
of education, to consist of three or more directors, to be elected 
by the qualified electors of the district. Said directors shall have 
control of instruction in the public schools of their respective 
districts. 

16. Text books — general assembly nor board shall prescribe. 
Neither the general assembly nor the state board of education 
shall have power to prescribe text books to be used in the public 
schools. 

ARTICLE X 

REVENUE 

# # * # # * # 

5. Exemption — lots^ — buildings for worship — schools. Lots, 
with the buildings thereon, if said buildings are used solely and 
exclusively for religious worship, for schools, or for strictly ehari- 



STATE OF COLORADO 13 

table purposes, also cemeteries not used or held for private or 
corporate profit, shall be exempt from taxation, unless otherwise 
provided by general lav^^. 

******* 

10. Corporations subject to tax. All corporations in the 
state, or doing business therein, shall be subject to taxation for 
state, county, school, municipal and other purposes, on the real 
and personal property owned or used by them within the terri- 
torial limits of the authority levying the tax. 

13. Making profits on public money felony. The making of 
profit, directly or indirectly, out of state, county, city, town or 
school district money, or using the same for any purpose not 
authorized by law, by any public officer, shall be deemed a felony, 
and shall be punished as provided by law. 

ARTICLE XI 

PUBLIC INDEBTEDNESS 

1. Lending or pledging credit forbidden. Neither the state, 
nor any county, city, town, township or school district, shall lend 
or pledge the credit or faith thereof, directly or indirectly, in any 
manner to or in aid of, any person, company or corporation, 
public or private, for any amount or for any purpose whatever, 
or become responsible for any debt, contract or liability of any 
person, company or corporation, public or private, in or out of 
the state. 

2. Aid to corporations — interest in — forbidden except. 
Neither the state nor any county, city, town, township or school 
district shall make any donation or grant to, or in aid of, or 
become a subscriber to, or shareholder in, any corporation or com- 
pany, or a joint owner with any person, company or corporation, 
public or private, in or out of the state, except as to such owner- 
ship as may accrue to the state by escheat or by forfeiture, by 
operation or provision of law ; and except as to such ownership as 
may accrue to the state, or to any county, city, town, township 
or school district, or to either or any of them, jointly with any 
person, company or corporation, by forfeiture or sale of real 
estate for non-payment of taxes, or by donation or devise for 
public use, or by purchase by or on behalf of any or either of them, 
jointly with any or either of them, under execution in cases of 
fines, penalties or forfeiture of recognizance, breach of condition 



14 ANNOTATED SCHOOL LAWS 

of official bond, or of bond to secure public moneys, or the per- 
formance of any contract in which they or any of them may be 
jointly or severally interested. 

7. Loans for school buildings — vote — qualification. No debt 
by loan in any form shall be contracted by any school district 
for the purpose of erecting and furnishing school buildings, or 
purchasing grounds, unless the proposition to create such debt 
shall first be submitted to such qualified electors of the district as 
shall have paid a school tax therein, in the year next preceding 
such election, and a majority of those voting thereon shall vote 
in favor of incurring such debt. 



ARTICLE XII 
OFFICERS 

4. Embezzlement disqualifies from office. No person here- 
after convicted of embezzlement of public moneys, bribery, per- 
jury, solicitation of bribery, or subornation of perjury, shall be 
eligible to the general assembly, or capable of holding any office 

of trust or profit in this state. 

* * * * • * * * 

8. Civil officers — oath. Every civil officer, except members 
of the general assembly and such inferior officers as may be by 
law exempted, shall, before he enters upon the duties of his 
office, take and subscribe an oath or affirmation to support the 
constitution of the United States and of the state of Colorado, and 
to faithfully perform the duties of the office upon which he is 
about to enter. 

9. Oaths, where filed — with whom. Officers of the executive 
department and judges of the supreme and district courts, and 
district attorneys, shall file their oaths of office with the secretary 
of state; every other officer shall file his oath of office with the 
county clerk of the county wherein he shall have been elected. 

10. Refusal to qualify — vacancy. If any person elected or 
appointed to any office shall refuse or neglect to qualify therein 
within the time prescribed by law, such office shall be deemed 
vacant. 

11. Vacancy — term of officer elected to fill. The term of 
office of any officer elected to fill a vacancy shall terminate at the 
expiration of the term during which the vacancy occurred. 



STATE OF COLORADO 15 

12. Duel — challeng-e — disqualifies for oflfice. No person who 
shall hereafter fight a duel, or assist in the same as a second, or 
send, accept or knowingly carry a challenge therefor, or agree 
to go out of the state to fight a duel, shall hold any office in 
the state. 

ARTICLE XIV 

COUNTIES 

******* 

8. County superintendent, etc. — election. There shall be 
elected in each county at the same time at which members of the 
general assembly are elected, commencing in the year nineteen 
hundred and four, one county clerk, who shall be ex officio re- 
corder of deeds and clerk of the board of county commissioners ; 
one sheriff; one coroner; one treasurer, who shall be collector of 
taxes; one county superintendent of schools ; one county surveyor; 
one county assessor ; and one county attorney, who may be elected, 
or appointed, as shall be provided by law; and such officers shall 
be paid such salary or compensation, either from the fees, per- 
quisites and emoluments of their respective offices, or from the 
general county fund, as may be provided by law. The term of 
office of all such officials that expire in January, 1904, is hereby 
extended to the second Tuesday in January, A. D. 1905. 

9. Vacancies — how filled. In case of a vacancy occurring in 
the office of county commissioner, the governor shall fill the same 
by appointment ; and in the case of a vacancy in any other county 
office, or in any precinct office, the board of county commissioners 
shall fill the same by appointment ; and the person appointed shall 
hold the office until the next general election, or until the vacancy 
be filled by election according to law. 

10. Elector only eligible. No person shall be eligible to any 
county office unless he be a qualified elector; nor unless he shall 
have resided in the county one year preceding his election. 

15. Classifying counties as to fees. For the purpose of pro- 
viding for and regulating the compensation of county and pre- 
cinct officers the general assembly shall by law classify the several 
counties of the state according to population, and shall grade and 
fix the compensation of the officers within the respective classes 
according to the population thereof. Such law shall establish 
scales of fees to be charged and collected by such of the county 
and precinct officers as may be designated therein for services to 



16 ANNOTATED SCHOOL LAWS 

be performed by them respectively; and where salaries are pro- 
vided, the same shall be payable only out of the fees actually 
collected in all cases where fees are prescribed. All fees, per- 
quisites and emoluments above the amount of such salaries .shall 
be paid into the county treasury. 



STATE OF COLORADO 17 



School Laws Annotated 



ALCOHOLIC DRINKS AND NARCOTICS 



1. Nature and effect of alcoholic drinks and narcotics be 
taught. That the nature of alcoholic drinks and narcotics, and 
special instructions as to their effects upon the human system, in 
connection with the several divisions of the subject of physiology 
and hygiene, shall be included in the branches of study taught 
in the public schools of the state, and shall be studied and taught 
as thoroughly, and in the same manner as other like required 
branches are in said schools, by the use of text books, designated 
by the board of directors of the respective school districts, in the 
hands of pupils where other branches are thus studied, in said 
schools, and by all pupils in all said schools throughout the state. 
—R. 8. 6011 

Note. The state board of health shall, from time to time, recommend 
standard works on the subject of hygiene for the use of the schools of the 
state.— R. S. 5010. 

2. Officers enforce provisions of act — penalty for failure. 

That it shall be the duty of the proper officers in control of any 
school, described in the foregoing section to enforce the provi- 
sions of this act ; and any such officer, school director, committee, 
superintendent or teacher, who shall refuse, fail or neglect to com- 
ply with the requirements of this act, or shall neglect, refuse or 
fail to make proper provisions for the instruction required, and in 
the manner specified by the first section of this act, for all pupils 
in each and every school under his or her jurisdiction shall be re- 
moved from office, and the vacancy filled as in other cases. — 
R. S. 6012 

Note. Vacancies, §111. 

CIGARETTES 

3. Unlawful to give or sell cigarettes to persons under six- 
teen. It shall be unlawful for any person or persons to give or sell 



18 ANNOTATED SCHOOL LAWS 

cigarettes to any person or persons under the age of sixteen years. 
—R. S. 600 

TOBACCO 

4. Penalty for giving or selling tobacco to persons under 
sixteen without written order. Any person who shall sell, give 
or furnish any tobacco, or articles made in whole or in part of 
tobacco to any child under 16 years of age without the written 
order of the father or guardian of such child, shall be fined not 
less than five dollars, nor more than one hundred dollars, or im- 
prisonment in the county jail not more than three months. — R. ^. 
601 



STATE OF COLORADO 19 



APPEALS 



5. From district board to county superintendent. Any per- 
son aggrieved by any decision or order of the district board of 
directors, in matter of law or fact, may, within thirty days after 
the rendition of such decision, or making of such order, appeal 
therefrom to the county superintendent of the proper county.- — 
R. S. 6000 

6. Affidavit. The basis of the proceeding shall be an affidavit 
filed by the party aggrieved, with the county superintendent, 
within the time for taking the appeal. — R. 8. 6001 

7. Contents of affidavit. The affidavit shall set forth the 
errors complained of in a plain and concise manner. — R. S. 6002 

8. Superintendent notify secretary — transcript. The county 
superintendent shall, within five days after the filing of such 
affidavit in his office, notify the secretary of the proper district, in 
writing, of the taking of such appeal, and the latter shall, within 
ten days after being thus notified, file in the office of the county 
superintendent a complete transcript of the record and proceed- 
ings relating to the decision complained of, which shall be certified 
to be correct by the secretary. — R. S. 6003 

9. Notice to parties. After the filing of the transcript, 
aforesaid, in his office, he shall notify, in writing, all persons 
adversely interested, of the time and place where the matter of 
the appeal will be heard by him. — R. S. 6004 

10., • Hearing appeal — oaths. At the time thus fixed for 
hearing, he shall hear testimony for either party, and for that 
purpose may administer oaths, if necessary, and he shall make 
such decision as may be just and equitable, which shall be final, 
unless appealed from, as hereinafter provided. — R. S. 6005 

11. Appeal from county superintendent to state board of 
education. Any person or district board aggrieved by any de- 
cision or order of the county superintendent in a matter of law 
or fact, may, within thirty days after the rendition of such de- 
cision or making of such order, appeal therefrom to the state 
board of education, in the same manner as provided in this act 
for taking appeal from the district board to the county superin- 
tendent as nearly as applicable. In case of an appeal, where a 
trial has been had before the county superintendent and a de- 



20 ANNOTATED SCHOOL LAWS 

cision rendered, the state board of education shall examine a tran- 
script of such proceeding and render a decision therefrom, but 
no new testimony shall be admitted. In other cases of appeal 
the said board may require of the parties such papers and docu- 
ments as may be thought necessary, they may issue subpoenas 
and compel witnesses to attend and testify, and the said board 
shall have the power to administer oaths through its president. 
The decision of said board, or a majority of said board, shall be 
rendered by the president, and such decision, when made, shall 
be final. When an applicant for a certificate at a regular exam- 
ination shall feel aggrieved at the decision of the county superin- 
tendent, and shall appeal to the state board of education the 
questions used and answers given shall be examined by the said 
board, and if the decision of the county superintendent be re- 
versed, the state board of education shall issue to the appellant 
a certificate of such grade as the answers shall warrant ; Provided, 
That a good moral character and success as a teacher be shown. — 
R. S. 6006 

12. No judg-ment for money. Nothing in this act shall be 
so construed as to authorize either the county superintendent or 
the state board to render a judgment for money ; neither shall 
they be allowed any other compensation than is allowed by law. 
All necessary postage must first be paid by the party aggrieved. — 
R. S. 6007 



STATE OF COLORADO 21 



BONDS 



SCHOOL DISTRICT BONDS 

13. Submitting question of contracting bonded indebtedness. 

The board of directors of any school district may submit at any 
regular or special election called for the purpose, to such qualified 
electors of the district as shall have paid a school tax therein in 
the year next preceding such election the question of contracting 
a bonded indebtedness for the purpose of erecting and furnishing 
school buildings or purchasing ground, or for funding floating 
debts.— /S'. L. '09, p. 494 

14. Amount of bonded indebtedness first determined by 
board. The amount of the bonded indebtedness proposed to be 
contracted shall, prior to such submission to said electors, be 
determined by said board of directors but in no event shall the 
aggregate amount of bonded indebtedness of any school district 
of the first or second class exceed five per centum or of any school 
district of the third class three and one-half per centum of the 
assessed value of the property in such district for the year next 
preceding the date of said bonds. — /S*. L. '09, p. 494 

14b. All statutory rates making provisions for fixing the 
limit of indebtedness are hereby decreased, in the same propor- 
tion as the assessed valuation of the taxing districts to which 
they apply is increased-; provided, however, that all such statutory 
rates affecting school districts shall not be so decreased but all 
limitations upon the amount of indebtedness of any school dis- 
trict to which such limitations apply, shall be computed upon 
seventy per cent (70%) of the assessed valuation of such school 
district, instead of being computed upon the full assessed valua- 
tion as provided in the statutes fixing such limitations. 

Except as herein otherwise provided, all statutory rates 
making provision for the revenue of the State and for state insti- 
tutions, schools, towns, cities and for all other purposes (except 
to provide for the payment of school district bonds and interest 
thereon) are hereby so reduced as to prohibit the levying of a 
greater amount of revenue on the assessed value of the year 1913, 
than was levied for the year 1912, plus fifteen per cent (15%). 
For each year after 1913 the tax rate shall be so limited as not to 
levy a greater amount of revenue than was levied the preceding 
year plus five per cent (5%). 



22 ANNOTATED SCHOOL LAWS 

Except as herein otherwise provided, the exercise of the tax- 
ing power by the General Assembly and by every taxing body to 
which authority has been delegated by the General Assembly to 
exercise the power of taxation, is hereby limited (except to pro- 
vide for the payment of school district bonds and interest thereon) 
so as to prohibit the levying of a greater amount of revenue on 
the assessed valuation of 1913 than was levied on the assessed 
value of 1912, or the last preceding year when a levy was made, 
plus fifteen per cent (15%), 

For each year after 1913, the authority of all taxing bodies 
(except school districts in providing for the payment of school 
district bonds and interest thereon) shall be so limited as to pro- 
hibit the levying of a greater amount of revenue than was levied 
the preceding year, plus five per cent (5%). — S. L. '15 

15. Notices of election posted. Notices of said election shall 
be posted in at least three public places in the district, and at 
each polling place at least twenty days before said election, and, 
if a newspaper is published in said district, said notice shall also 
be published therein once a week for four consecutive weeks next 
preceding such election. Said notice shall specify the purpose of 
said election, the date and the voting place or places, and the 
time during which the ballot box or boxes shall be kept open, not 
less however than three hours. — S. L. '09, p. 494 

16. Number of voting places. In districts of the first class 
the school board may order more than one voting place in the 
district, fix the voting places and the limits of the voting pre- 
cincts. 

The president, secretary and treasurer of the district school 
board may act as judges of the election or said board may ap- 
point three judges and the necessary clerks for each election 
precinct in said district and should any of the judges be absent 
at the opening of the polls, the electors present shall appoint a 
legal voter to fill the vacancy. — S. L. '09, p. 495 

17. Form of ballot. Each elector voting at said election shall 
deposit in the ballot box a ballot whereon shall be printed or 
written the w^ords "For the bonds" and the words "Against the 
bonds," and shall indicate his approval or disapproval of the 
proposition submitted by placing a cross (X) opposite the group 
of words on his ballot which expresses his choice. — S. L. '09, p. 495 

18. Any person may be challenged by qualified elector. Any 
person offering to vote at said election may be challenged by any 



STATE OF COLORADO 23 

legally qualified elector of the district and any one of the judges 
of election shall thereupon administer to the person challenged 
an oath as follows : 

"You do swear (or affirm) that you are a citizen of the 
United States ; that you have resided in the state of Colorado 
twelve mouths immediately preceding this election ; that you are 
twenty-one years of age ; that you have resided in this district 
thirty days next preceding this election and that you have paid 
a school tax within this school district in the year next pre- 
ceding this election ; and that you have not voted at this election, 
so help you God (or under the pains and penalties of perjury)." 

If he shall refuse to take such oath or affirmation his vote 
shall be rejected. The judges may, however, reject the vote of 
any person offering to vote if in their judgment said voter is not 
qualified according to law, whether said voter takes said oath 
or not.— aS'. L. '09, p. 495 

19. Returns certified immediately after polls close. Imme- 
diately after the close of the polls the judges in each voting 
precinct shall open the ballot box and count the ballots and 
promptly thereafter certify the result to the board of directors 
of the district. Said board shall, promptly after receiving said 
returns, open them, canvass the vote, and determine the result 
of the election, and said determination shall be entered in the 
minutes of the meeting of said board. — S. L. '09, p. 496 

20. Coupon bonds issued — when payable. If it shall appear 
that a majority of all the votes cast are "For the bonds" the 
board of directors, as soon as practicable, shall issue coupon bonds 
of the district in denominations of $100, $500 or $1,000, or all or 
either of such denominations or any combination of said denom- 
inations as circumstances may require, bearing interest at not 
exceeding eight per cent, per annum in districts of the third class 
and not exceeding six per cent, per annum in districts of the 
first and second classes, payable semi-annually, and redeemable at 
the pleasure of the district at any time after a date to be fixed by 
said board not less than ten or more than twenty years after 
date, and payable at a date to be fixed by said board not less 
than twenty nor more than forty years from date, the principal 
and interest payable at the office of the treasurer of the county 
in which said district or the greater part thereof may be situated, 
and said board also may make either the principal or interest 
or both payable at some banking house in either the cities of 



24 ANNOTATED SCHOOL LAWS 

New York or Boston or Chicago, at the option of the holder. — 
S. L. '09, p. 496 

21. Bonds payable to bearer — how signed. The bonds issued 
under the provisions of this act shall be payable to bearer. The 
board of directors of the district is authorized to prescribe the 
form of such bonds and the coupons thereto. Said bonds shall 
recite the title of the act under which they are issued, shall be 
signed by the president of the board of directors, countersigned 
by the county treasurer and bear the seal of the district and the 
coupons thereto annexed shall be signed by the president of 
the school board, by original or engraved signature. — S. L. '09, 
p. 496 

22. County commissioners assess tax for payment — how paid. 
Whenever any school district shall issue bonds under the pro- 
visions of this act, it shall be the duty of the board of county 
commissioners of the county in which said district may be situated 
to levy and assess a tax on the taxable property of said district 
in amount sufficient to pay the interest coupons, when the same 
shall become due, according to their tenor and effect, and the 
county treasurer shall collect the same as other taxes are col- 
lected, in cash only, keeping the same separate from other funds 
received by him ; and if there shall be any surplus after paying 
the coupons and the expense of collecting such tax, the treasurer 
shall, without delay, pass the same to the credit of such school 
district, and such fund so passed to the credit of the district 
shall be subject to the disposal of the board of directors. In the 
calendar year next preceding the date fixed by said board after 
which said bonds are redeemable and annually thereafter, until 
the full payment of said bonds, the said board of county com- 
missioners shall provide by taxation and shall collect such a per 
centum of the principal of said bonds as will, in equal annual 
installments, be sufficient to redeem all of said bonds by the time 
they mature ; which amount shall be assessed and collected the 
same as the tax for the payment of the interest coupons, and 
when collected shall be turned over to the treasurer of such 
school district, such money to be used only in the payment of 
such bonds in their numerical order beginning with bond number 
one, in the manner as follows : The treasurer of such school dis- 
trict, immediately after receiving the money as aforesaid, shall 
advertise in some newspaper published in his county, if there be 
any, and if not, in the newspaper published nearest the county 
seat of said county, once a week for four consecutive weeks, that 



STATE OP COLORADO 25 

on a certain day named in the advertisement, he will pay certain of 
the district bonds, said bonds to be described in the advertisement 
by number and amount and date of issue and the advertisement 
shall further state that after the day so fixed for payment the 
interest on the bonds described as aforesaid shall cease and de- 
termine. And after the day of payment fixed in said published 
notice the bonds so called shall cease to draw interest. The said 
payment shall be made at the office and in the presence of the 
treasurer of the county, who shall cancel the bonds redeemed, 
and a minute of such cancellation shall be made on the books of 
the county treasurer, after which they shall be at the disposal of 
the district board.— ^. L. '09, p. 496 

23. Board keep record — auditor register bonds. Whenever 
the board 'of directors of any school district shall issue bonds 
under the provisions of this act, they shall enter in and upon the 
records of such board an order requesting the county clerk and 
recorder of the county, wherein such school district is situate, to 
register the bonds in a book to be kept by him for that purpose, 
and when so registered, the legality thereof shall not be open to 
contest by such district or any person or corporation on behalf of 
such district for any reason whatever ; and a certified copy of the 
order of the board so made and entered of record shall be fur- 
nished said county clerk and recorder by said board of directors, 
and thereupon it shall be his duty to register said bonds, noting 
the name of the district and the amount, date of issuance and 
maturity and rate of interest of said bonds, and he shall receive 
a fee of ten cents for registering each bond." 

The auditor of state shall prepare aud deliver to each and 
every county clerk and recorder, whose county has within it any 
school districts which have issued bonds and registered the same 
with such auditor, a certified copy of his records showing such 
registration; and such clerk and recorder shall file such copy in 
his office whereupon the force and effect thereof shall be the same 
as though the bonds had been originally registered in said office. 
— ASf. L. '15 

24. Districts in city under special charter. In all school 
.districts which lie entirely within the exterior boundaries of any 

city operating under a special charter adopted under the pro- 
visions of article XX, of the constitution, no person shall be per- 
mitted to vote at any election called under the provisions of this 
act unless such person shall first have been registered as herein- 
after provided.— Sf. L. '09, p. 498 



26 ANNOTATED SCHOOL LAWS 

25. No new registration required. For all such elections in 
the districts mentioned in section 1-3 no new registration shall be 
required, except as hereinafter provided, but any qualified elector 
of any such district whose name is on the registration books used 
at the then last preceding general election, whether county or 
municipal, and who resides within the district and still resides 
at the place designated in his said registration, shall be deemed 
properly registered for any such election; and additional regis- 
tration and changes in registration may be made as hereinafter 
provided.— ;S'. L. '09, p. 498 

Note. Section 13 referred to is section 24 herein. 

26. Registration books furnished by county clerk. On the 

fourteenth day preceding any such election to be held, the county 
clerk of the proper county shall deliver to the registration com- 
mittee of each election precinct the original book of registration 
for that precinct as prepared and completed for the then next 
preceding general election, whether county or municipal, and on 
the tenth day preceding the election thus to be held, or if that 
day be a legal holiday or a Sunday, then on the succeeding day, 
the registration committee for each precinct shall sit from nine 
o'clock a. m. until nine o'clock p. m., at some suitable place to 
be provided by the county commissioners and centrally located 
within the precinct as far as practicable, and shall place on the 
said book of registration, next after the names already thereon, 
the names of all qualified electors of the district residing in that 
precinct who are not registered and who shall present themselves 
for registration and comply with the requirements prescribed by 
the general registration laws of this state. — 8. L. '09, p. 498 

27. Elector removing from precinct — how register. Any 
qualified elector whose name appears upon any such book of 
registration, but who has removed from the precinct in which he 
is registered to some other precinct within such district, may 
appear before the county clerk at any time within five days prior 
to any such election, and upon making oath in writing as to his 
then present residence, said county clerk shall draw a red line 
through the registration of such person, making a note as follows : 

"Changed 19 , to precinct 

, ward , " inserting 

the date and number of the precinct and ward therein, and shall 
register in red ink such person in the book of registration for the 
precinct in which such person then resides ; and a change of resi- 



STATE OF COLORADO 27 

dence within the same precinct may be made in like manner. The 
county clerk or deputy making such a change shall sign his 
name in the column provided for the signatures of the registration 
committee, and the person so registered shall also sign- his name 
as in the case of an original registration. — S. L. '09, p. 499 

28. Registration books — where kept. Immediately after com- 
pleting such registration said registration committee shall deliver 
the original book of registration to the county clerk, who shall 
retain the same until the day prior to the election, when he shall 
deliver the same to the judges of election selected by said board 
of directors for their use at such election, properly certified, but 
the county clerk shall not, for any such election, make and furnsh 
any copy of such registration list at public expense, nor shall he 
make any charge for delivering said original books of registration 
as required herein ; but his compensation for all other matters 
hereby required shall be as fixed by the registration laws of this 
state.— ^. L. '09, p. 499 

29. Petition for purging lists. At any time prior to the 
delivery of the original book of registration to the registration 
committee of the precinct, as herein provided, a petition for 
purging the list may be filed as to the registration list appearing 
therein, and at any time prior to the seventh day before election 
a petition may be filed for purging the list of additional registra- 
tions made as herein provided, which petition and the procedure 
and relief thereunder shall be the same, as near as may be, as pro- 
vided in the registration laws of this state. And the registration 
and election laws of this state shall govern in all matters con- 
nected with the making of said registration except as herein 
otherwise provided. — S. L. '09, p. 500 

30. Repealing clause — proceedings under repealed acts. 
Sections 5942, 5943, 5944 and 5945 of the Revised Statutes of 
Colorado, 1908, and all other acts and parts of acts inconsistent 
herewith are hereby repealed ; Provided, That the repeal of said 
acts and parts of acts shall in no wise affect any bonds issued 
thereunder. 

Any and all proceedings heretofore had or which are now 
being had or carried forward, under the acts hereby repealed or 
any, all or either of them, may be carried forward, completed or 
consummated under this act and bonds contemplated by such 
procedure may be issued in the form and with the terms and 
according to the provisions of this act. — aS^. L. '11, p. 582 



28 ANNOTATED SCHOOL LAWS 

31. Redemption of bonds — premium. In all districts that 
have issued bonds under the provisions of the laws of the terri- 
tory of Colorado, the treasurer of the district, immediately after 
receiving the annual installment of the funds for the redemption 
of said bonds, as provided in section 91, shall go into the market 
and, at the lowest price for which he can obtain such bonds, shall 
use such funds in the retiring of such bonds to the extent of such 
fund; Provided, That the said treasurer shall not pay more tban 
five per cent, premium on any bonds of his district, and any 
balance of said funds remaining in the hands of said treasurer 
shall be invested, as nearly as possible, in United States bonds or 
state bonds of Colorado. — R. S. 5946 

Note. Section 91 above referred to is section 22 herein. 

32. U. S. and state bonds purchased by district treasurer — 
how kept — proceeds — sale. All United States or state bonds 
which may come into the hands of any district treasurer, under 
the provisions of this act, shall be duly recorded in the books of 
the district, and deposited in the safety vault of some bank within 
the state, selected by the district board. The interest coupons of 
said bonds shall be duly collected by the district treasurer, and 
the proceeds turned over to the county treasurer, to be used in 
the payment of the interest coupons of the bonds of such district, 
and the annual tax for the payment of the interest on said district 
bonds shall be proportionately lessened. Said United States or 
state bonds shall be sold by the district board at the best market 
rates, and the proceeds thereof used to redeem the bonds of the 
district when the same become due or when they can be bought 
at not to exceed five per cent, premium. — R. S. 5947 

33. Changfe of boundaries not release property — annexed 
property. No change in the boundary lines of such school district 
shall release the taxable real estate of the district from assessment 
and levy of taxes to pay the interest and principal of such bonds, 
and if there shall be any change of the lines of such school dis- 
trict, so as to leave any portion of the taxable real estate of the 
district out of the district, which was subject to taxation in the 
district at the time of the issue of such bonds, the assessment and 
levy for principal and interest of such bonds shall be made on 
such property as if it were still within the district, and if there 
shall be any change of the lines of such school district, so as to 
annex any taxable real estate, after the issue of such bonds, the 
real estate so annexed shall thereafter be subject to the assess- 



STATE OP COLORADO 29 

ment and levy for principal and interest of such bonds. — R, S. 
5948 

34. County treasurer's fees. The treasurer of the county 
shall receive the same compensation for the collection of such 
special taxes as he does for other school taxes. — R. S. 5949 

Note. See Revised Statutes for per cent, of compensation. 

35. Refunding bonds — when issued — interest — redemption. 

That when the bonded indebtedness of any school district in this 
state has matured, or may hereafter mature, or has or may here- 
after become redeemable at the pleasure of the district, and there 
shall not be funds in the treasury of such school district available 
for that purpose with which to redeem or pay such bonds, it shall 
be lawful for the board of directors of such school district to issue 
and sell new bonds, equal to the sum necessary and not otherwise 
provided for the payment of the bonds then matured or those 
then redeemable at the pleasure of such school district, and such 
bonds thus issued shall not be sold at a less price than their par 
value ; Provided, It shall be lawful for the board of directors of 
any school district having a bonded indebtedness, to refund the 
same, at any time, with the consent of the bond owners, in bonds 
bearing a less rate of interest than the bonds so refunded and 
running for a longer time, which said bonds thus issued shall be 
exchanged at not less than par for the bonds outstanding. 

Provided, further, That all bonds issued under this section 
shall bear interest at such rate as said school board may deter- 
mine, not to exceed 8 per cent, per annum, and shall be redeem- 
able at the pleasure of the district board, in not to exceed ten 
years and payable lin not to exceed twenty years from the date 
thereof, and the date after which said bonds are redeemable shall 
be plainly written or printed on the face thereof. — R. S. 5950 

36. What laws apply to issue and payment — except. All the 
provisions of the laws of the state of Colorado, now existing, 
relating to the duties of district and county officers in the issue 
and paj^ment of district bonds, and relating to the assessment and 
collection of taxes for the payment of the interest and principal 
of school district bonds, shall be held to apply equally and in like 
manner to all matters pertaining to the issue and payment of 
bonds issued under the provisions of this act, except that the time 
when taxes shall be levied and collected for the payment of the 
principal of said bonds shall be as hereinafter provided. — R. S. 
5951 



30 ANNOTATED SCHOOL LAWS 

37. County commissioners levy tax — treasurer collect. At 

the time provided by law for the levying of county taxes in the 
year next preceding the date at which the first installment of said 
bonds shall mature, and every year thereafter until the whole 
amount of said bonds shall be redeemed, the board of county 
commissioners of any county in which bonds shall have been 
issued under the provisions of this act, shall levy a tax sufficient 
to pay not less than ten per centum nor more than twenty per 
centum of the principal of said bonds, and the county treasurer 
shall collect the same as other taxes are collected, and shall pay 
the amount so collected to the district treasurer as is now pro- 
vided by law.— i2. 8. 5952 

38. Proviso — submission for refunding" — against refunding. 

Provided, however, That no bonds shall be issued under the pro- 
visions of this act until the question of refunding shall first have 
been submitted to, and approved by, the qualified voters of the 
district as is now or may be provided by law, except that the 
electors shall vote "for refunding," or "against refunding," 
instead of "for the bonds," or "against the bonds." — R. 8. 5953 

COUNTY HIGH SCHOOL BONDS 

39. Notice of bond election given upon petition. On the 

petition of fifty voters having the qualifications hereinafter pre- 
scribed, of any high school district, the county superintendent of 
public schools and ex officio secretary of said district shall give 
notice, not less than twenty days before any regular meeting now 
or which may hereafter be provided by law, for electing members 
of school boards in the respective districts of the state, or special 
meeting held under the provisions of this act, that the question of 
contracting a bonded debt^ for the purpose of erecting and fur- 
nishing high school buildings, or purchasing ground, or for fund- 
ing floating debts, will be submitted to such qualified voters of 
the high school district as have paid a school tax therein in the 
year next preceding said meeting. Notice of such meeting shall 
be given and such meeting shall be held and conducted and the 
returns thereof made and the result declared in the manner as 
nearly as may be as is by this act provided for the organization 
of high school districts. Any person offering to vote at such 
meeting in the respective public school districts of the high school 
district, may be challenged by any legally qualified elector of the 
district and any one of the judges of election shall thereupon 
administer to the person challenged, an oath as follows: 



'< STATE OF COLORADO 31 

"You do swear (or affirm) that you are a citizen of the 
United States ; that you have resided in the state of Colorado one 
year immediately preceding this election ; that you are twenty- 
one years of age ; that you have resided in this district thirty days 
next preceding this election, and that you have paid a school tax 
within this school district in the year next preceding this election, 
and that you have not voted at this election, so help you God 
(or under the pains and penalties of perjury)." 

If he shall refuse to take such oath or affirmation, his vote 
shall be rejected. The high school committee of any such high 
school district shall first agree, and certify the amount of indebt- 
edness to be created, if any. In no case shall the aggregate 
amount of bonded indebtedness of any high school district for 
high school purposes, exceed two per cent, of the assessed value 
of the property of such high school district. At such election a 
separate ballot box for this purpose shall be provided and the 
qualified electors shall vote by ballot "For high school bonds" or 
"Against high school bonds." If it shall appear from the final 
record of the county superintendent that a majority of all the 
votes cast are for the high school bonds, the high school com- 
mittee, as soon as practicable thereafter, shall issue coupon bonds 
of the high school district, bearing interest not exceeding six per 
cent, per annum, payable semi-annuallj^ and redeemable at the 
pleasure of the high school district at any time after a date to be 
fixed by said high school committee not less than ten years after 
date, and to be absolutely due and payable at a date to be fixed 
by said high school committee not less than twenty nor more than 
forty years from date, the principal and interest payable at the 
office of the treasurer of the county in which said high school 
district may be situate, or the interest may be payable in the city 
of New York, at the option of the holders thereof, and the can- 
celed coupons shall be at the disposal of the high school com- 
mittee. All such bonds so issued shall be signed by the president 
of the high school committee, and shall have the seal of the high 
school district attached, attested by the secretary and shall be 
countersigned by the county treasurer, and the coupons thereto 
annexed shall be signed by the president of the high school com- 
mittee by original or engraved signature. — S. L. '09, p. 404 

40. Bonds to be registered by county clerk. Whenever any 
high school district shall issue bonds under the provisions of this 
act, all such bonds shall, previous to being negotiable, 'be pre- 
sented to the recorder of the county, to be duly registered by 



32 ANNOTATED SCHOOL LAWS 

him in a book kept for that purpose in his office, noting the 
amount, time of payment and rate of interest, and all such bonds 
shall state on their face that they are issued under the provisions 
of this act.— /Sf. L. '09, p. 405 

41. Commissioners levy tax for principal and interest — how 
paid — surplus. Whenever any high school district shall issue 
bonds under the provisions of this act, it shall be the duty of the 
board of commissioners of the county in which said district may 
be situated, to levy and assess a special tax on all the taxable 
property of such high school district, in amounts sufficient to 
pay the interest coupons thereon, when the same shall become due,, 
according to their tenor and effect, and the county treasurer shall 
collect the same as other taxes are collected, in cash only, keeping 
the same separate from other funds received by him ; and if there 
shall be any surplus after paying the coupons and the expenses 
of collecting such special tax, the treasurer shall without delay 
pass the same to the credit of such high school district, and such 
fund so passed to the credit of such district shall be subject to 
the disposal of the high school committee. And in the calendar 
year next preceding the date fixed by said high school committee 
after which said bonds are redeemable and annually thereafter, 
until the full payment of said bonds, the said county commis- 
sioners shall provide by taxation and shall collect such a per 
centum of the principal of said bonds as will, in equal annual 
installments, be sufficient to redeem all of said bonds by the time 
they mature, which amount shall be assessed and collected the 
same as the tax for the payment of the interest coupons, and when 
collected shall be turned over to the treasurer of such high school 
district, such money to be used only in the payment of such bonds, 
in the manner as follows : 

The treasurer of such high school district, immediately after 
receiving the money as aforesaid, shall advertise in some news- 
paper published in his county, if there be any, for four successive 
weeks, that on a certain day named in the advertisement, he will 
pay certain of the high school district bonds, said bonds to be 
described in the advertisement by number and amount, and the 
advertisement shall further state that after the day so fixed for 
payment, the interest on the bonds described as aforesaid, shall 
cease and determine. The said payment shall be made at the 
office and in the presence of the treasurer of the county, who shall 
cancel the bonds redeemed, and a minute of such cancellation 
shall be made on the books of the county recorder, after which 



STATE OF COLORADO 33 

they shall be at the disposal of the high school committee. — ;S. L. 
'09, p. 405 

42. Bonds redeemed — g"o in open market. In all high school 
districts that may issue bonds under the provisions hereof, the 
treasurer of such district, immediately after receiving the annual 
installment of the fund for the redemption of said bonds, as pro- 
vided in the foregoing section hereof, shall go into the market 
and at the lowest possible price for which he can obtain such 
bonds, shall use such fund in the retiring of such bonds to the 
extent of such fund.— ;Sf. L. '09, p. 406 

43. Change in boundary not release taxable property. No 
change in the boundary lines of such high school district shall 
release the taxable real estate of the district from assessment and 
levy of taxes to pay the interest and principal of such bonds, and 
if there shall be any change of the lines of such high school dis- 
trict, so as to leave any portion of the taxable real estate of the 
district out of such district, which was subject to taxation in the 
district at the time of the issue of such bonds, the assessment and 
levy for principal and interest of such bonds shall be made on such 
property as if it were still within the district, and if there shall 
be any change of the lines of such high school district, so as to 
annex any taxable real estate after the issue of such bonds, the 
real estate so annexed shall thereafter be subject to the assessment 
and levy for principal and interest of such bonds. — 8. L. '09, p. 407 

44. Compensation of county treasurer. The treasurer of the 
county shall receive the same compensation for the collection of 
such special taxes as he does for other school taxes.- — aS'. L. '09, 
p. 407 

45. Special meetings — purpose^ — notice. In any high school 
district the high school committee may at any time call a special 
meeting of the electors of such district for any of the purposes 
specified in this act, and the notice of such special meetings shall 
be given and such special meeting shall be held and the result 
thereof declared, in the same manner as nearly as may be as is 
provided by this act in the case of meetings for the organization of 
high school districts. — 8. L. '09, p. 407 

46. What high school districts subject to this act — no dis- 
trict obliged to maintain two high schools. All high school dis- 
tricts organized and now existing under the provisions of chapter 
100 of the Session Laws of Colorado, 1899, being "An act to pro- 
vide for the establishment and support of high schools in counties 

(2) 



34 ANNOTATED SCHOOL LAWS 

of the fourth and fifth classes," approved April 8th, 1899, or under 
chapter 219 of the Session Laws of Colorado, 1907, being "An 
act to amend an act entitled an act to provide for the establish- 
ment and support of high schools in counties of the fourth and 
fifth classes," approved April 9th, 1907, are hereby declared to be 
duly organized high school districts under the provisions of this 
act, and entitled to enjoy all the privileges and exercise all of 
the powers conferred by this act, and shall hereafter be subject 
to the provisions of this act ; Provided, That no school district in 
any county shall be taxed without its consent for the support 
of more than one class or kind of high school, the establishment 
of which is authorized by law; and in voting on the organization 
of a county high school district under the provisions of this act, 
any school district then maintaining a high school or any school 
districts then organized into a union high school district and main- 
taining therein a union high school may by voting against the 
organization of a county high school district be excluded from 
such county high school district; but if any school district main- 
taining a high school or districts maintaining a union high school 
shall, under the provisions of this section vote against the organi- 
zation of a county high school district, the ballots cast in such 
district or districts shall be considered only upon the question of 
exclusion and shall not be considered in determining the final 
result upon the question of organizing a county high school dis- 
trict. And providing further that any school district maintaining 
a high school, or any districts organized into a union high school 
district and maintaining therein a union high school, may abandon 
such high school organization and organize under the provisions 
of this act.— S*. L. '09, p. 407 



STATE OP COLORADO 35 



CERTIFICATES 



Note. For state, college and other diplomas, see general heading 
"Diplomas." 

47. Grades of certificates — ^renewals — record. The certifi- 
cates issued by the county superintendent shall be of three grades, 
distinguished as first, second and third. The first grade certificate 
shall be valid for three years and may be renewed by the county 
superintendent of the county in which it was issued; the second 
grade certificate shall be valid for eighteen months ; the third 
grade certificate shall be valid for nine months ; Provided, how- 
ever, That not more than two certificates of the same grade (third 
grade) shall be issued to the same person. A county superin- 
tendent may, upon the application of a teacher holding a first 
grade certificate, received at a regular examination in another 
county in the state, and in full force at the time, issue to said 
teacher a certificate of like grade ; Provided, That such certificate 
shall not show the standing in each branch, nor be subject to re- 
newal, but shall show the conditions upon which it is issued. And 
he may revoke certificates of any grade at any time, for immo- 
rality, incompetency or other just cause. It shall be deemed a 
violation of law to grant certificates of any of the above grades, 
except one of like grade, without requiring the applicant to pass 
a thorough and satisfactory examination in such branches and at 
such times as are specified in section 15 of this act; and in all 
such examinations the questions prepared by the superintendent 
of public instruction shall be used. In case a certificate is revoked 
or refused by the county superintendent, the right of appeal to 
the state board of education shall not be denied the teacher or 
applicant, if said appeal be taken within thirty days from date 
of notice of such revocation or refusal. The county superintend- 
ent shall keep an official record in a suitable book of the persons 
so examined, containing the names, age, nativity, date of exam- 
ination and grade of certificate issued; he shall also retain for 
three months the written answers of all applicants at the regular 
examinations and hold the same subject to the order of the state 
board of education; Provided, further. That in a school district 
of the first class the examination may be conducted by the school 
board of such district in such manner and at such times as the 



36 ANNOTATED SCHOOL LAWS 

board may determine, who shall have power to issue district cer- 
tificates of the same grades and under the same conditions as are 
specified in sections 15 and 16 of this chapter; said certificates, 
however, shall be reported to the county superintendent, who 
shall keep a record of the same, and shall be valid only in the 
district where issued, such boards may, however, if they see fit, 
issue certificates without examinations to high school teachers who 
hold satisfactory evidence of adequate training for the work they 
are to do.— 7^. >S'. 5994 

Note. Section 15 above referred to is section 149, and section 16 is 
section 47 herein. 

Note. Questions prepared by superintendent of public instruction, 
see section 374. 

Note. For teaching languages other than English and music and 
drawing, see section 388, decision one. 



STATE OP COLORADO 37 



CHILDREN 



CHILD LABOR LAW 

48. Employment of child under fourteen — exception. That 
no child under the age of fourteen years shall be employed, 
permitted or suffered to work at any gainable occupation in any 
theatre, concert hall or place of amusement where intoxicating 
liquors are sold, or in any mercantile institution, store, office, hotel, 
laundry, manufacturing establishment, bowling alley, passenger 
or freight elevator, factory or workshop, or as a messenger or 
driver therefor, within this state. That no child under the age of 
fourteen years shall be employed at any work performed for 
wages or other compensation, to whomsoever payable, during 
any portion of any month when the public schools of the town, 
township, village or city in which he or she resides, are in session, 
nor be employed in any work before the hour of seven o'clock 
in the morning, or after the hour of eight o'clock in the evening; 
provided, that no child shall be allowed to work more than eight 
hours in any one day. 

The general assembly of the state of Colorado does hereby 
declare that all occupations or employments in which children are 
forbidden to engage by the provisions of this act shall be and 
hereby are declared to be injurious or dangerous to health, life or 
limb. The employments or occupations permitted under this act, 
under the sections hereof providing for exemptions shall be con- 
sidered injurious or dangerous to health, life or limb, unless it 
shall appear from the evidence produced before the authorities 
permitted to grant such exemptions that, in their opinion, the 
injury or danger to health, life or limb, has been removed; pro- 
vided, also that where conditions are such as to justify granting 
a permit exempting children from the provisions of this act to 
take part in concerts and theatrical performances and where such 
permits have been granted the performances of such children shall 
be construed to be a part of their training and education. 

Nothing in this act shall be construed to prevent the employ- 
ment of children in any fruit orchard, garden, field or farm, pro- 
vided that any child under fourteen years of age engaging in 
such employment for persons other than their own parents must 
first secure a permit from the superintendent of schools in ac- 



88 ANNOTATED SCHOOL LAWS 

cordance with the provisions of section fifteen of this act. The 
hours of work during each day, or in any week shall be in com- 
pliance with the provisions of this act as to the hours during any 
day or week when children may be employed. — S. L. '11, p. 232 
Note. Section 15 above referred to is section 62 herein. 

49. Exhibit of child under sixteen — exception. It shall bo 
unlawful for any person having the care, custody or control of 
any child under the age of sixteen years, or apparently under the 
age of sixteen years, to exhibit, use or employ such child as an 
actor or performer in any concert hall or room where intoxicating 
liquors are sold or given away, or in any variety theatre, or for 
any illegal, obscene, indecent or immoral purpose, exhibition or 
practice whatsoever, or for any business, or in any place, situation 
or exhibition or vocation injurious to the morals or health, or 
dangerous to the life or limb of such child, or cause, procure or 
encourage such child to engage therein. Nothing in this section 
contained shall apply to or effect the employment or use of any 
such child as a singer or musician in any church, school or 
academy, or the teaching or learning the science or practice of 
music, or in the physical development of its body in any respect- 
able gymnasium or natatorium ; Provided, that any child may be 
permitted to take part in any concert or any theatrical exhibition 
that is being given for profit with the written consent of the 
authority provided by this act for the granting of permits to 
children for exemptions from the provisions of this act. 

Nothing in this act shall be construed to prevent children 
taking part in what are known as amateur entertainments or 
theatricals for charity or not for profit in schools, churches, set- 
tlement houses or boys' or girls' clubs. — S. L. '11, p. 233 

50. Emplojnnent underground works under sixteen. It 
shall be unlawful for any person, firm or corporation to take, 
receive, hire or employ any child or children under sixteen years 
of age in any underground works or mine, in or about the surface 
workings thereof, or in any smelter, coke oven or to adjust any 
belt to any machinery, or to operate or assist in operating circular 
or band saws, wood-shapers, wood-jointers, planers, sand-paper 
or wood-polishing machinery, emery or polishing wheels used for 
polishing metal, wood-turning or boring machinery, stamping 
machines in sheet-metal and tinware manufacturing, stamping 
machines in washer and nut factories, operating corrugating rolls, 
such as are used in roofing factories, nor shall they be employed 
in operating any passenger or freight elevators, steam boiler. 



STATE OF COLORADO 39 

steam machinery or other steam generating apparatus, or auto- 
mobiles, wire or iron straightening machinery; nor shall they 
operate or assist in operating rolling mill machinery punches or 
shears, washing, grinding or mixing mill or calendary rolls in 
rubber manufacturing, nor shall they operate or assist in oper- 
ating laundry machinery, nor shall children be employed in any 
capacity in preparing any composition in which dangerous or 
poisonous acids are used, and they shall not be employed in any 
capacity in the manufacture of paints, colors or white lead; nor 
shall they be employed in any capacity whatever in the manufac- 
ture of goods for immoral purposes ; nor shall females under the 
age of sixteen years of age be employed in any capacity what- 
soever where such employment compels them to remain standing 
constantly. No female child under ten years of age, shall sell or 
be permitted or allowed to sell or distribute any newspapers, 
periodicals or other publication or any article of merchandise or 
to engage in or carry on any other business of occupation in the 
streets or alleys of any town or city. — S. L. '11, p. 234 

51. Employer to keep register — school certificate. It shall 
be the duty of every person, firm or corporation, agent or man- 
ager of any firm or corporation employing minors over 14 years 
and under 16 years of age in any mercantile institution, store, 
office, hotel, laundry, manufacturing establishment, bowling alley, 
theatre, concert hall or place of amusement, passenger or freight 
elevator, factory or workshop or as a messenger or driver there- 
for, within this state, to keep a register in said mercantile insti- 
tution, store, office, hotel, laundry, manufacturing establishment, 
bowling alley, theatre, concert hall or place of amusement, fac- 
tory or workshop in which said minors shall be employed or 
permitted or suffered to work^ in which register shall be recorded 
the name, age and place of residence of every child employed or 
suffered or permitted to work there, or as messenger or driver 
therefor, over the age of 14 and under the age of 16 years ; and 
it shall be unlawful for any person, firm or corporation agent or 
manager of any firm or corporation to hire or employ, or permit 
or suffer to work in any mercantile institution, store, office, hotel, 
laundry, manufacturing establishment, bowling alley, theatre, 
concert hall or place of amusement, passenger or freight elevator, 
factory or workshop, or as messenger or driver therefor, any child 
under the age of 16 years and over 14 years of age, unless there 
is first produced and placed on file in such mercantile institution, 
store, office, hotel, laundry, manufacturing establishment, bowling 



40 ANNOTATED SCHOOL LAWS 

alley, factory or workshop, theatre, concert hall or place of 
amusement, an age and school certificate approved as hereinafter 
provided.— /S'. L. '11, p. 235 

52. List of employed posted in work room. Every person, 
firm or corporation, agent or manager of a corporation employing 
or permitting or suffering to work five or more children under 
the age of 16 years and over the age of 14 in any mercantile 
institution, store, office, laundry, hotel, manufacturing establish- 
ment, factory or work-shop, shall post and keep posted in a con- 
spicuous place in every room in which such help is employed, or 
permitted or suffered to work, a list containing the name, age 
and place of residence of every person under the age of 16 years 
employed, permitted or suffered to work in such room. — S. L. '11, 
p. 235 

53. Age and school certificate. No child permitted to be 
employed under this act shall be employed in any mercantile 
institution, store, office, hotel, laundry, manufacturing establish- 
ment, bowling alley, theatre, concert hall, or place of amusement, 
passenger or freight elevator, factory or work-shop, or as messen- 
ger or driver therefor, unless there is first produced and placed 
on file in such mercantile institution, store, office, hotel, laundry, 
manufacturing establishment, bowling alley, theatre, concert hall 
or place of amusement, factory or workshop, and accessible to the 
state factory inspector, assistant factory inspector or deputy 
factory inspector, an age and school certificate as hereinafter 
prescribed ; and unless there is kept on file and produced on 
demand of said inspectors of factories a complete and correct list 
of all the minors under the age of 16 years so employed who can- 
not read at sight and write legibly simple sentences, unless such 
child is attending night school as hereinafter provided. — S. L. '11, 
p. 286 

54. Age and school certificate — ^how approved. An age and 
school certificate shall be approved only by the superintendent of 
schools or by a person authorized by him in writing; or where 
there is no superintendent of schools, by a person authorized by 
the school board; Provided, that the superintendent or principal 
of a parochial school shall have the right to approve an age and 
school certificate, and shall have the same rights and powers as 
the superintendent of public schools to administer the oaths 
herein provided for children attending parochial schools : Pro- 
vided further, that no member of a school board or other person 
authorized as aforesaid shall have authority to approve such cer- 



STATE OP COLORADO 41 

tificates for any child then in or about to enter his own establish- 
ment, or the employment of a firm or corporation of which he is a 
member, officer or employe. The person approving these certifi- 
cates shall have authority to administer the oath provided herein, 
but no fee shall be charged therefor. It shall be the duty of the 
school board or local school authorities to designate a place (con- 
nected with their office, when practicable) where certificates shall 
be issued and recorded, and to establish and maintain the neces- 
sary records and clerical service for carrying out the provisions 
of this &Qt.—S. L. ni, p. 236. 

55. Proof of age. An age and school certificate shall not be 
approved unless satisfactory evidence is furnished by the last 
school census, the certificate of birth or baptism of such child, the 
register of birth of such child with a town or city clerk, or by the 
records of the public or parochial schools, that such child is of 
the age stated in the certificate : Provided, that in cases arising 
wherein the above proof is not obtainable, the parent or guardian 
of the child shall make oath before the juvenile or county court 
or any officer thereof as to the age of such child, and the court 
may issue to said child an age certificate as sworn to. — ^. L. '11, 
p. 237 

56., Employment ticket. The age and school certificate of a 
child under 16 years of age shall not be approved and signed until 
he presents to the person authorized to approve and sign the 
same a school attendance certificate, as hereinafter prescribed, 
duly filled out and signed. A duplicate of such age and school 
certificate shall be filled out and shall be forwarded to the state 
factory inspector's office. Any explanatory matter may be 
printed with such certificate, in the discretion of the school board 
or superintendent of schools. The employment and the age and 
school certificates shall be separately printed and shall be filled 
out, signed and held or surrendered as indicated in the following 
forms : 

School Certificate. 
(Name of school.) (City or town and date.) 

This certifies (name of minor) of the th grade, can 

read and write legibly simple sentences. This also certifies that 
according to the records of this school, and in my belief, the said 
(name of minor) was born at (name of city or town), in (name 



42 ANNOTATED SCHOOL LAWS 

of county), on the (date) and is now (number of years and 
months) old. 

(Name of parent or guardian.) 

(Residence.) 

(Signature of teacher) grade. 

(Name of principal.) 

Evening School Attendance Certificate. 
(Date.) 
This certifies that (name of minor) is registered in and regu- 
larly attends the evening school. This also certifies 

that according to the records of my school and in my belief the 
said (name of minor) was born at (name of city or town), on the 

day of (year), and is now (number of years and months) 

old. 

(Name of parent or guardian.) 

(Residence.) 
(Signature of teacher.) 
(Signature of principal.) 

Age and School Certificate. 

This certifies that I am (father, mother, guardian or custo- 
dian) of (name of minor), and that (he or she) was born at (name 
of town or city), in the (name of county, if known) and state and 

county of on the (day of birth and year of birth) 

and is now (number of years and months) old. 

(Signature of parent, guardian or custodian.) 

(City or town and date.) 

There personally appeared before me the above named (name 
of person signing) and made oath that the foregoing certificate 
by (him or her) signed is true to the best of (his or her) 
knowledge. I hereby approve the foregoing certificate of (name 

of child) height (feet and inches), weight , complexion 

(fair or dark), hair (color), having no sufficient reason to doubt 
that (he or she) is of the age therein certified. 

Owner of Certificate. This certificate belongs to (name of 
child in whose favor it is drawn) and is to be surrendered to (him 
or her) whenever (he or she) leaves the service of the corporation 
or employer holding the same; but if not claimed by said child 
within thirty days from such time it shall be returned to the 



STATE OP COLORADO 43 

superintendent of schools, or where there is no superintendent of 
schools, to the school board. (Signature of person authorized to 
approve and sign, with official character authority) (town or city 
and date.) 

Illiteracy. In the case of a child who can not read at sight 
and write legibly, simple sentences, the certificate shall continue 
as follows: after the word sentences: "I hereby certify that (he 
or she) is regularly attending the (name of public or parochial 
evening school.) " This certificate shall continue in force just as 
long as the regular attendance of said child at said evening school 
is certified weekly by the teacher and principal of such school. 

Evening School. In any city or town in which there is no 
public or parochial evening school, an age and school certificate 
shall not be approved for a child under the age of 16 years who 
can not read at sight and write legibly simple sentences, the cer- 
tificate of the principal of a public or parochial school shall be 
prima facie evidence as to the literacy or illiteracy of the child. — 
8. L. '11, p. 239 

57. Schooling required. No person shall employ any minor 
over 14 years of age and under 16 years, and no parent, guardian 
or custodian shall permit to be employed any such minor under 
his control who can not read at sight and write legibly simple 
sentences, while a public evening school is maintained in the town 
or city in which such minor resides, unless such minor is a regular 
attendant at such evening school. — ^. L. '11, p. 239 

58. Duties of state inspectors of factories. The state in- 
spector of factories, his assistants or deputies, shall visit all mer- 
cantile institutions, stores, offices, laundries, manufacturing estab- 
lishments, bowling alleys, theatres, concert halls or places of 
amusement, factories or workshops, and all other places where 
minors are or may be employed in this state, and ascertain 
whether any minors are employed contrary to the provisions of 
this act. Inspectors of factories may require that age and school 
certificates, and all lists of minors employed in such factories, 
workshops, mercantile institutions and all other places where 
minors are employed as provided for in this act, shall be produced 
for their inspection on demand. And, provided, further, that 
upon written complaint to the school board or local school author- 
ities of any city, town, district or municipality, that any minor 
(whose name shall be given in such complaint) is employed in any 
mercantile institution, store, office, laundry, manufacturing estab- 
lishment, bowling alley, theatre, concert hall or place of amuse- 



44 ANNOTATED SCHOOL LAWS 

ment, passenger or freight elevator, factory or workshop, or as 
messenger or driver thereof, contrary to the provisions of this act, 
it shall be the duty of such school board or local school authority 
to report the same to the state inspector of factories. — 8. L. ^11, 
p. 240 

59. Hours of labor. No person under the age of 16 years 
shall be employed or suffered or permitted to work at any gainful 
occupation more than forty-eight hours in any one week, nor 
more than eight hours in any one day ; or after the hour of 8 :00 
o'clock in the evening. Every employer shall post in a conspicu- 
ous place in every room where such minors are employed, a 
printed notice stating the hours required of them each day of the 
week, the hours of commencing and stopping work, and the hours 
when the time or times allowed for dinner or other meals begins 
and ends. The printed form of such notice shall be furnished by 
the state inspector of factories, and the employment of any such 
minor for longer time in any one day so stated shall be deemed 
a violation of this section. — S. L. '11, p. 240 

60. Prima facie evidence of a child's employment. The 
presence of any person under the age of 16 years in any manu- 
facturing establishment, factory or workshop shall constitute 
prima facie evidence of his or her employment therein. — *S^. L. '11, 
p. 240 

61. Enforcement of the provisions of this act. It shall be 
the special duty of the state factory inspector to enforce the pro- 
visions of this act and to prosecute all violations of the same 
before any magisrate or any court of competent jurisdiction in 
this state. It shall be the duty of the state factory inspector, 
assistant state factory inspector and deputy state factory in- 
spectors under the supervision and direction of the state factory 
inspector, and they are hereby authorized and empowered to visit 
and inspect, at all reasonable times, and as often as possible, all 
places covered by this act ; provided, that this act shall not be 
construed to repeal any law of this state imposing duties or re- 
sponsibilities upon any other officer or person to make inspections 
or bring prosecutions for the violation of any school law or any 
other law of this state for the protection of children. — 8. L. '11, 
p. 241. 

62., Child exempted — how. Any child may be exempted 
from the provisions of this act concerning employment of children 
in any concert or theatrical exhibition or performance in any 
place where intoxicating liquors are not sold, and between the 



STATE OF COLORADO 45 

ages of fourteen and sixteen, from any other provisions of this 
act, except the provisions of section three, on the following condi- 
tions : Any such child, its parent or person seeking to employ 
such child shall file an application in writing with the city super- 
intendent of schools if there be any such city superintendent of 
schools — and if not, then with the county superintendent of 
schools, or any person deputized by them to receive and act upon 
such application, stating his or her age, residence, address, school 
attendance, grade, names of parent, parents or guardian, and in 
detail the nature of employment sought, the number and char- 
acter of the performances, the kind of work required and the 
name of the employer and such facts as may be required to 
enable such person to pass intelligently upon such application. 
Within not less than 48 hours of the filing of such application, it 
shall be the duty of such officer to hear and determine such appli- 
cation, and if the same shall be granted, such officer granting the 
same, shall issue a written permit to such child, stating therein 
his reasons for such permit. If such application is refused, the 
child or the person making same for the child shall be entitled 
upon demand, within 24 hours after such refusal, to be furnished 
with a written statement of the reasons of such oificer for refus- 
ing to issue such permit. An appeal may be taken from the 
decision of such officer so passing upon such application to the 
county or juvenile court of the county in which such application 
is made, upon such child, its parent or guardian or any person 
interested in the protection of such child filing a brief written 
petition with the clerk of said court, with a copy of such refusal 
to grant such permit ; provided, such appeal is taken within ten 
days after the refusal to issue such permit. No fee shall be 
charged for any such application or on account of any such 
appeal. No permit shall be granted under the provisions of this 
section to any child to be employed in any concert or theatrical 
exhibition or performance unless it shall be made to appear that 
suitable provisions have been made by the employer of such child 
for the protection of the moral and physical health and the educa- 
tion of such child. The person passing upon such application or 
any court before whom such matter may be brought for final 
determination, may, as a condition to granting such permit, make 
such reasonable terms and conditions as shall seem necessary and 
proper for safeguarding the moral and physical health of such 
child and giving it such educational advantages as may seem to be 
for its best interests. And it shall be lawful to attach as a condi- 



46 ANNOTATED SCHOOL LAWS 

tion to any such permit mentioned in this section a written 
promise of the employer of such child to comply with the terms 
thereof and a bond or undertaking to the people of the state of 
Colorado in a penal sum to be fixed by the court, not exceeding 
two thousand dollars, with one or more sureties may be required 
by the court of such employer conditioned that he will faithfully 
carry out the terms and conditions upon which such permit may 
be granted. Permits or copies certified to as correct by the 
authorities issuing the same granting exemptions from this act 
for children to appear in any concert or theatrical performance 
shall be kept on file at the box office of concert halls or theatre 
in which any such child may appear under such permits. AH 
such permits shall be subject to inspection by the humane society 
and probation officers and factory inspectors. Any person may 
apply to the county or juvenile court to have the exemption 
permitted by this act revoked by such court by filing with the 
clerk of the court a short petition setting up the facts showing 
that the conditions of the permit granting such exemption have 
been violated, or that it is not for the best interest of such child 
to have such permit or exemption. Whereupon, the court shall 
issue a summons or notice to such child and to at least one of its 
parents or guardian, if there be such parent or guardian in the 
county, requiring them to appear before such court within not 
less than forty-eight hours to show cause why the prayer of such 
petition should not be granted or such permit or exemption should 
not be revoked. During that part of the months of June, July 
and August when the public schools are not in regular session, 
children over twelve years of age shall be entitled to exemptions 
from the provisions of this act, permitted by section fifteen, upon 
complying with the conditions and receiving the permit provided 
for in said section. — S. L. '11, p. 241 

Note. Section 15 above referred to is section 62 herein. 

63. Penalties — first offense. "Whoever, having under his 
control a child under the age of 16 years, permits such child to 
be employed in violation of the provisions of this act, shall for 
each offense be fined not less than five dollars nor more than 
twenty-five dollars, and shall stand committed until such fine and 
costs are paid. A failure to produce to the inspector of factories, 
his assistants or deputies, any age and school certificates or lists 
required by this act, shall constitute a violation of this act, and 
the person so failing shall, upon conviction, be fined not less than 
five dollars nor more than fifty dollars for each offense. Every 



STATE OF COLORADO 47 

person authorized to sign the certificate prescribed by section 7 
of this act, who certifies to any materially false statement therein, 
shall be guilty of a violation of this act, and upon conviction be 
fined not less than five dollars nor more than one hundred dollars 
for each offense, and shall stand committed until such fine and 
costs are paid. Any person, firm or corporation, agent or man- 
ager, superintendent or foreman of any firm or corporation, 
whether for himself or for such firm or corporation, or by himself 
or through sub-agents or foreman, superintendent or manager, 
who shall violate or fail to comply with any of the provisions of 
this act, or shall refuse admittance to premises, or. otherwise 
obstruct the factory inspector, assistant factory inspector or 
deputy factory inspector in the performance of their duties, as 
prescribed by this act, shall be deemed guilty of a misdemeanor, 
and upon conviction thereof shall be fined not less than five dol- 
lars, nor more than one hundred dollars for each offense, and 
shall stand committed until such fine and costs are paid. 

It is the intention and purpose of this act to extend personal 
responsibility to the president and general manager of any corpo- 
ration for violation of this act by any foreman, superintendent or 
sub-manager or sub-agent. — S. L. '11, p. 243 

Note. Section 7 above referred to is section 54 herein. 

64. Penalties — second violation. Any person, agent, firm or 
corporation who shall be convicted of a second violation of any 
provision of this act, shall be fined in a sum not less than one 
hundred dollars, or more than five hundred dollars or be im- 
prisoned in the county jail for not to exceed ninety days or by 
both such fine and imprisonment, in the discretion of the court. — 
8. L. '11, p. 244 

DELINQUENT CHILDREN 

65. Definition of terms — application of act — evidence. This 
act shall apply only to children sixteen years of age or under, not 
inmates of a state institution, or any institution incorporated 
under the laws of the state for the care and correction of delin- 
quent children. The words "delinquent child" shall include any 
child sixteen years of age or under such age who violates any law 
of this state or any city or village ordinance; or who is incor- 
rigible, or who knowingly associates with thieves, vicious or im- 
moral persons, or who is growing up in idleness or crime, or who 
knowingly visits or enters a house of ill-repute, or who knowingly 
patronizes or visits any policy shop or place where any gaming 
device is, or shall be, operated; or who patronizes or visits any 



48 ANNOTATED SCHOOL LAWS 

saloon or dram shop where intoxicating liquors are sold; or who 
patronizes or visits any public pool room or bucket shop ; or who 
wanders about the streets in the night time without being on any- 
lawful business or occupation ; or who habitually wanders about 
any railroad yards or tracks, or jumps or hooks on to any moving 
train, or enters any car or engine without lawful authority; or 
who habitually uses vile, obscene, vulgar, profane or indecent- 
language, or is guilty of immoral conduct in any public place or 
about any school house. Any child committing any of the acts 
herein mentioned shall be deemed a juvenile delinquent person, 
and shall be proceeded against as such in the manner hereinafter 
provided. A disposition of any child under this act, or any evi- 
dence given in such cause, shall not in any civil, criminal or other 
cause or proceeding whatever in any court be lawful or proper 
evidence against such child for any purpose whatever, excepting 
in subsequent cases against the same child under this act. The 
word ''child" or ''children" may mean one or more children, or 
the word "parent" or "parents" may mean one or both parents 
when consistent with the intent of this act. — R. S. 586 

66. Penalty. Any person who shall be convicted of violating 
any of the provisions of the preceding sections of this act, shall be 
fined not exceeding one hundred dollars, or be imprisoned in the 
county jail not exceeding three months, or both, in the discretion 
of the court ; and upon conviction for a second or any subsequent 
offense, shall be fined not exceeding two hundred dollars, or be 
imprisoned in the county jail not exceeding six months.- — R. S. 603 

67. Delinquent girls under eighteen. From and after the 
passage of this act, any law of this state defining delinquency or 
concerning contributory delinquency shall, for the protection of 
girls, be held to include all girls under the age of eighteen years. 
S. L. '11, p. 298 

PHYSICAL EXAMINATION 

68. State superintendent prepare suitable test card. The 

state superintendent of public instruction shall prepare or cause 
to be prepared suitable test cards, blanks, record books, and other 
needful appliances and supplies to be used in testing the sight, 
hearing and breathing of pupils in the public schools, and the 
necessary instructions for their use; and shall furnish the same 
free of expense to every public school in the state. The teacher 
or principal in every public school, or where there is no principal, 
the county superintendent, shall, during the first month of each 



STATE OF COLORADO 49 

school year, test the si^ht, hearing and breathing of all pupils 
under his charge, such examination to be made by observation, 
without using drugs or instruments, and without coming in con- 
tact with said child; and keep a record of such examinations 
according to the instructions furnished and make a written report 
of such examinations to the state superintendent of public in- 
struction as he may require. — S. L. '09, p. 490 

69. Teacher report defectiveness. Every teacher in the pub- 
lic schools shall report the mental, moral and physical defective- 
ness of any child under his supervision, as soon as such defective- 
ness is apparent, to the principal or, where there is no principal, 
to the ^county superintendent. Such principal or county superin- 
tendent shall promptly notify the parents or guardian of each 
child found to be defective, of the child's defectiveness, and shall 
recommend to such parents or guardian that such child be 
thoroughly examined as soon as possible by a competent physician 
or surgeon with special reference to the eyes, ears, nose, throat, 
teeth and spine. If the parents or guardian of such child shall 
fail, neglect or refuse to have such examination made and treat- 
ment begun within a reasonable time after such notice has been 
given, the said principal or superintendent shall notify the state 
bureau of child and animal protection of the facts; Providing, 
however, That whenever it shall be made to appear to the said 
principal or superintendent, upon the written statement of the 
parent or guardian of said child, that such parent or guardian has 
not the necessary funds wherewith to pay the expenses of such 
examination and treatment, the said principal or superintendent 
shall cause such examination and treatment to be made by the 
county physician of the district wherein said child resides ; and it 
shall be the duty of such county physician to make such exam- 
ination and treatment, and if he be unable to properly treat such 
child he shall forthwith report such fact to the county com- 
missioners of the county, with his recommendation. — S. L. '09, 
p. 490 

70. Auditor draws warrant — biennial expense not to exceed 
one thousand dollars. The state auditor is hereby directed to 
draw his order for such sums and at such times as the state super- 
intendent of public instruction may require to carry out the pro- 
visions of this act. The total expenses under this act shall not 
exceed one thousand dollars in any biennial period ending Novem- 
ber 30.— >Sf. L. '09, p. 491 



50 ANNOTATED SCHOOL LAWS 



COMPULSORY EDUCATION 



71. Children sent to school — exception — appeal. That in all 
school districts of this state, all parents, guardians and other 
persons having care of children shall instruct them, or cause them 
to be instructed, in reading, writing, spelling, English grammar, 
geography and arithmetic. In such districts, every parent, 
guardian or other person having charge of any child between the 
ages of eight and sixteen years, shall send such child to a public, 
private or parochial school for the entire school year "during 
which the public schools are in session in such districts ; Provided, 
however. That this act shall not apply to children over fourteen 
years of age where such child shall have completed the eighth 
grade, or may be eligible to enter any high school in such district, 
or where its help is necessary for its own or its parent's support, 
or where for good cause shown it would be for the best interests 
of such child to be relieved from the provisions of this act ; Pro- 
vided, further, That if such child is being sufficiently instructed 
at home by a person qualified, such child shall not be subject to 
the provisions of this act ; and Provided, further. That if a repu- 
table physician within the district shall certify in writing that the 
child's bodily or mental condition does not permit its attendance 
at school, such child shall be exempt during such period of dis- 
ability from the requirements of this act. It shall be the duty of 
the superintendent of the school district, if there be such super- 
intendent, and, if not, then the county superintendent of schools, 
to hear and determine all applications of children desiring for 
any of the causes mentioned herein to be exempted from the pro- 
visions of this act, and if upon such application such superin- 
tendent hearing the same shall be of the opinion that such child 
is for any reason entitled to be exempted as aforesaid, then such 
superintendent shall issue a written permit to such child, stating 
therein his reasons for such exemption. An appeal may be taken 
from the decision of such superintendent so passing upon such 
application to the county court of the county in which such dis- 
trict lies, upon such child making such application and filing the 
same with the clerk or judge of said court within ten days after 
its refusal by such superintendent, for which no fee to exceed the 
sum of one dollar shall be charged, and the decision of the county 



, STATE OF COLORADO 51 

court shall be final. An application for release from tlie pro- 
visions of this act shall not be renewed oftener than once in three 
months.— i2. S. 530 

72. Children under 14 years not employed — penalty for em- 
ploying'. No child under the age of 14 years shall be employed 
by any person, persons, company or corporations during the school 
term and while the public schools are in session, unless the parent, 
guardian or person in charge of such child shall have fully com- 
plied with section one of this act. Every such employer shall 
require proof of such compliance, and shall make and keep a 
written record of the proof given, which shall be subject to the 
inspection of the truant officer, superintendent of schools, or any 
school director of the district. Any employer employing any 
child contrary to the provision of this section, shall be fined not 
less than twenty-five nor more than one hundred dollars. — • 
R. S. 531 

73. Minors between 14 and 16 must read and write — duty of 
employer — ^penalty. All minors over the age of 14 years and 
under the age of 16 years who cannot read and write the English 
language, shall attend school at least one-half day of each day, 
or attend a public night school, or take regular private instruction 
from some person qualified, in the opinion of the county superin- 
tendent of schools, in which such district or the greater portion 
of the same lies, until such minor obtains a certificate from such 
superintendent that he or she can read at sight and write legibly, 
simple sentences in English. Every employer employing or having 
in employment any such minor shall exact as a condition of 
employment the school attendance or instruction required by this 
section, and shall on request of the truant officer, furnish the 
evidence that such minor is complying with the requirements of 
this section. Every employer failing to comply with the require- 
ments of this section as to any minor employed by him or in his 
employ, shall be fined not less than twenty-five dollars, and not 
more than one hundred dollars; Provided, That any employer 
with the approval or consent of the county superintendent of 
schools may make provision for the private instruction of minors 
in his employ. — R. S. 532 

74., Truant — ^who is — juvenile disorderly person. Every 
child within the provisions of this act who does not attend school, 
as provided in section one of this act, or who is in attendance at 
any public, private or parochial school, and is vicious, incorrigible 
or immoral in conduct, or who is an habitual truant from school. 



52 ANNOTATED SCHOOL LAWS 

or who habitually wanders about the streets and public places 
during school hours without any lawful occuption or employ- 
ment, or who habitually wanders about the streets in the night 
time, having no employment or lawful occupation, shall be deemed 
a juvenile disorderly person, and be subject to the provisions of 
this act.— i2. S. 533 

75. Truant officer — powers — duties— record. To aid in the 
enforcement of this act, the board of school directors in districts 
of the first and second class shall have power, and it shall be their 
duty, to appoint one or more truant officers whose compensation 
shall be fixed by the board appointing him. The truant officer 
shall be vested with police powers, and shall have authority to 
enter workshops, factories, stores and all other places where 
children may be employed, and in the way of investigation or 
otherAvise, to enforce this act. The truant officer shall institute 
proceedings against any officer, parent, guardian, person or cor- 
poration who shall violate any of the provisions of this act, and 
shall otherwise discharge the provisions of this act, and perform 
such other services as the county superintendent of schools or 
the board of directors of the school district may deem necessary 
to preserve the morals and secure the good conduct of school 
children, and to enforce this act. The truant officer shall keep 
a record of his transactions for the inspection of the county super- 
intendent of schools and of the directors of the school district, 
and suitable blanks shall be provided for his use by the secretary 
of the school district. — R. S. 534 

76. Truancy officer in third class -districts. The board of 
school directors in school districts of the third class in this state 
shall appoint a truancy officer whose powers and duties shall be the 
same as those prescribed by law for truancy officers in school dis- 
tricts of the first and second class. His compensation shall be fixed 
by the board appointing him and may be by the day for the time 
actually consumed in the discharge of his duties as such officer. 
A member of the school board may be appointed truancy officer. 
—S. L. '11, p. 250 

77. Truant officer — duties — conviction of parent — penalty — 
bond — defense. The truant officer shall examine into any case of 
truancy within his district, and shall warn the parent, guardian, 
or others in charge of the child of the final consequences of 
truancy if persisted in. When any child between the ages of 
eight and fourteen years, or any child between the ages of four- 
teen and sixteen years, who can not read and write the English 



STATE OP COLORADO 53 

language, is not engaged in some regular employment, or any 
child between the age of fourteen years and sixteen years who has 
been discharged from employment to obtain instruction or school- 
ing, is not attending school without lawful excuse and in violation 
of the provisions of this act, the truant officer shall notify the 
parent, guardian, or other person in charge, of the fact, and re- 
quire such person to cause the child to attend some recognized 
school within five days from the date of the notice, and it shall 
be the duty of such person so to cause its attendance at some 
recognized school. Upon failure to do so, the truant officer shall 
make complaint in the county court of the county in which such 
child lives, against the parent, guardian or other person having 
such child in charge, and upon conviction, the parent, guardian 
or other person in charge, shall be fined not less than five dollars 
nor more than twenty dollars, or the court may, in its discretion, 
require the person so convicted to give a bond in the penal sum 
of $100, with sureties to the approval of the judge of such court, 
conditioned that he or she will cause the child under his or her 
care to attend some recognized school within five days thereafter, 
and to remain at school during the term prescribed at law. And 
upon the failure or refusal of the parent, guardian or other person 
to pay such fine or furnish such bond according to the order of 
the court, the said parent, guardian or other person shall be im- 
prisoned in the county jail not less than ten days nor more than 
thirty days. For violation of the bond, suit may be brought in 
any court of competent jurisdiction, in the name of the school dis- 
trict, and the amount recovered shall go to the school fund of the 
district. If the parent, guardian or other person shall prove his 
inability to cause the child to attend a recognized school, it shall 
be a defense, but the child shall be deemed a juvenile disorderly 
person within the meaning of section 4 of this act. — R. S. 535 
Note. Section 4 above referred to is section 74 herein. 

78. Juvenile disorderly person — commitment — term — ex- 
pense. Whenever a child shall be a juvenile disorderly person 
within the meaning of this act, the truant officer, or any school 
teacher, or other reputable person, may make complaint in the 
county court of the county in which such child resides. The 
county court shall hear and determine such complaint, and if it is 
determined that such child is a juvenile disorderly person within 
the meaning of this act, he or she shall be committed to a chil- 
dren's home, if eligible, or to the boys' industrial school or to 
the girls' industrial school, or to some other training school, taking 



54 ANNOTATED SCHOOL LAWS 

into account the years of the child with reference to the institu- 
tion selected. Any child committed to a children's home, on its 
being shown to the judge of said court that it is incorrigible and 
vicious, may be transferred to the industrial school or other 
proper institution. No child committed to any reformatory shall 
be detained beyond its majority, and may be discharged sooner 
or paroled by the trustees or board of control under rules and 
restrictions applicable to other inmates. Any order of commit- 
ment may be suspended by the judge of the county court during 
such time as the child may regularly attend school and properly 
conduct itself. The expense of the transportation of the child to 
the juvenile reformatory, and of the costs of the case in which 
the order of commitment is made, shall be paid by the county 
from which the child is committed. — R. S. 536 

79. Child unable to attend school — relief. When any truant 
officer is satisfied that any child within the requirements of this 
act is unable to attend school because required to work at home 
or elsewhere in order to support itself or help or support others 
legally entitled to its services, the truant officer shall report the 
case to the authorities charged with the relief of the poor, who 
shall thereupon afford such relief as will enable the child to 
attend school ; Provided, That such child shall not be required to 
attend more than three hours a day during school days. In case 
the child or its parents or guardians neglect or refuse to take 
advantage of such provision made for its instruction, such child 
may be committed to a children's home or juvenile reformatory, 
as hereinbefore provided. — R. 8. 537 

80. Violation — penalty. Any person who violates any pro- 
vision of this act for which a penalty is not herein provided, shall 
be fined not more than fifty dollars. — R. S. 538 

81. Second conviction — penalty — trial by jury. Every per- 
son who, after having been convicted once of violating any of the 
provisions of this act shall be convicted a second time of a similar 
offense, may, in addition to the punishment by way of fine else- 
where provided for, be imprisoned not less than 10 days nor 
more than 30 days ; Provided, That in all cases arising under this 
act in which a fine or imprisonment may be a part of the judg- 
ment, trial shall be by jury if not waived. — R. S. 539 

82. Not apply to districts without accommodations. This 
shall not apply to school districts in which there are not sufficient 
accommodations in the public schools to seat children compelled 
to attend under the provisions of this act. — R. S. 540 



STATE OP COLORADO 55 



COUNTY SUPERINTENDENT 



83. Election — oath — bond — ^term of office. There shall be 
elected in each county, at the general election in the year one 
thousand eight hundred and seventy-seven, and biennially there- 
after, a county superintendent of public schools, who shall take 
office on the second Tuesday of January next succeeding that in 
which such election shall be held. He shall hold his office for two 
years, and until his successor shall be elected and qualified. 
Before entering upon the duties of his office, he shall take the 
oath prescribed by the constitution, and execute a bond payable 
to the people of the state of Colorado, with two or more sureties, 
to be approved by the board of county commissioners, in penalty 
of not less than two thousand dollars, to be increased at the 
discretion of said board, conditioned upon the faithful perform- 
ance of the duties of his office and the delivery of all moneys and 
property as such superintendent to his successors, which bond 
shall be filed in the office of the county clerk.— i2. S. 5877 

84. Act till successor qualified. When the term of any 
sherijff, * * * or other county officers shall expire, as now 
provided by law, it shall be lawful for such officer, whether re- 
elected or not, and his deputies, to continue to perform all the 
duties of such office until his successor shall be duly qualified as 
required by law. — R. S. 1355 

85. Failure to qualify — vacancy — appointment. Should the 
superintendent-elect fail to qualify as aforesaid, or should there 
occur a vacancy in said office, the board of county commissioners 
shall at their next meeting after such vacancy or failure to 
qualify occurs, appoint an eligible and suitable person, who shall 
qualify within ten days after his appointment, and who shall 
continue in office until the next general election thereafter. 
Should such appointee fail to qualify, as aforesaid, another 
appointment shall be made in the same manner, until the vacancy 
shall be filled by appointment or election. — R. S. 5878 

86. When office becomes vacant. Every county office shall 
become vacant on the happening of either of the following events 
before the expiration of the term of office : 



56 ANNOTATED SCHOOL LAWS 

First — The death of the incumbent. 

Second — ^His resi^ation. 

Third — His removal. 

Fourth — His ceasing to be an inhabitant of the county for 
which he was elected or appointed. 

Fifth — His conviction of any infamous crime, or any offense 
involving a violation of his official oath. 

Sixth — His refusal or neglect to take his oath of office, or to 
give or renew his official bond, or to deposit such oath and bond 
within the time prescribed by law. 

Seventh — The decision of a competent tribunal, declaring 
void his election or appointment. — R. 8. 1359 

87. Classification of counties to regulate salaries. For the 

purpose of regulating the amount of compensation of county 
superintendents of schools, the counties of the state are divided 
into seven classes as follows : 

The City and County of Denver, El Paso and Las Animas 
Counties shall be the first class ; Pueblo, "Weld, Boulder, Fremont 
and Teller Counties shall be the second class ; Conejos, Delta, 
Garfield, Gilpin, Huerfano, Lake, Larimer, Mesa, Montrose, and 
Otero Counties shall be the third class ; Chaffee, Clear Creek, 
Douglas, Eagle, Elbert, Jefferson, Gunnison, La Plata, Ouray, Rio 
Grande, Pitkin, Park, Prowers and Saguache Counties shall be the 
fourth class; Bent, Custer, Cheyenne, Kit Carson, Logan, Monte- 
zuma, Morgan, E-outt, San Miguel and Yuma Counties shall be the 
fifth class ; Archuleta, Baca, Costilla, Grand, Kiowa, Lincoln, Min- 
eral, Phillips, Rio Blanco, San Juan, Sedgwick, Summit and 
Washington shall be the sixth class; Dolores and Hinsdale shall 
be the seventh class. County superintendents of schools shall re- 
ceive the following compensation, to be paid quarterly out of the 
county treasury, to wit : In counties of the first class, an annual 
salary of twenty-eight hundred dollars ; in counties of the second 
class, an annual salary of two thousand dollars ; in counties of the 
third class, an annual salary of twelve hundred dollars ; in 
counties of the fourth class, an annual salary of eleven hundred 
dollars ; in counties of the fifth class, an annual salary of eight 
hundred dollars ; in counties of the sixth class, an annual salary 
of five hundred dollars ; in counties of the seventh class, an annual 



STATE OP COLORADO 57 

salary of one hundred dollars; in all but first and second class 
counties, boards of county commissioners may allow mileage not 
to exceed ten cents per mile for distance necessarily and actually 
traveled in the performance of duty, not to exceed an aggregate 
of three hundred dollars per annum in any county. — R. S. 2575 

Note. Counties of Jackson, Crowley and Moffat are in the fifth class 
for compensation of county superintendent. S. L. '09, p. 436; S. L. '11, 
pp. 281, 520. 

87-b. For the purpose of regulating the compensation of the 
County Superintendents of Schools, the counties of the State are 
divided into seven classes, as follows : 

First class : El Paso, Las Animas, Pueblo and Weld ; second 
class : Boulder, Fremont, Garfield, Larimer and Mesa ; third class : 
Adams, Chafi'ee, Delta, Gunnison, Huerfano, Logan, Montrose, 
Morgan, Otero, Prowers and Routt ; fourth class : Alamosa, Arapa- 
hoe, Cheyenne, Conejos, Costilla, Crowley, Douglas, Eagle, Elbert, 
Kit Carson, Washington, Yuma, Gilpin, Jefferson, Phillips, Ouray, 
Lake, Lincoln, Teller, Rio Grande, Park, Pitkin, Rio Blanco, 
Saguache and San Miguel; fifth class: Archuleta, Clear Creek, 
Baca, Custer, City and County of Denver, Grand, Jackson, Kiowa, 
La Plata, Moffat, Montezuma, Sedgwick and Summit ; sixth class : 
Mineral and San Juan ; seventh class : Dolores and Hinsdale. 

Salaries — First class, |2,800 ; second class, |2,000 ; third class, 
$1,500; fourth class, |1,100; fifth class, |900; sixth class, |500; 
seventh class, |100. 

The Board of County Commissioners shall also allow to the 
County Superintendent mileage not to exceed ten cents per mile 
for the distance necessarily and actually travelled in the perform- 
ance of duty, not to exceed an aggregate of two hundred dollars 
per annum. — Amended S. L. '15 

88. Expenses of county superintendents — office hours. The 
commissioners shall provide him with a suita.ble office at the 
county seat, and all necessary blank books, stationery, postage, 
expressage and other expenses of his office, not otherwii^e pro- 
vided for, which last mentioned expenses shall be paid for from 
the county fund. He shall keep his office open for the transaction 
of official business such days each week as the duties of the office 
may require. — R. S. 5886 

89. Deputy — how paid. If for any cause the superintendent 
is unable to attend to the duties of his office, he may appoint a 
deputy, who shall take the usual oath or affirmation of office, and 
who may exercise all the functions of county superintendent, but 



58 ANNOTATED SCHOOL LAWS 

such deputy shall draw no salary from the public fund ; Provided, 
That the superintendent may receive a per diem for the services 
of such deputy.— i^. S. 5879 

90. Deputies and assistants of county superintendent — com- 
pensation. Deputies and assistants may be employed by the 
sheriffs, county clerks, county treasurers, county assessors and 
county superintendents of schools, under the direction of the board 
of county commissioners for said counties respectively, and clerks 
of the district court under direction of the judge of such court, 
and shall be paid salaries out of the fees, commissions and emolu- 
ments of the office wherein employed (except employes of county 
assesisor and of county superintendent, who shall be paid out of 
the county treasury), the compensation and time of service to be 
fixed by the board, the selection of said deputies and employes 
to be made by the ofHcer authorized to employ them; Provided, 
That the provisions of this section relating to the county super- 
intendents of schools shall apply only in counties of the first class. 
—R. S. 2580 

91. County superintendent's annual report. On the first 
Tuesday of September in each year, the county superintendent 
shall make a report to the superintendent of public instruction 
for the school year ending June 30 next preceding, which report 
shall contain an abstract of the reports made to him by district 
secretaries, and such other matters as the superintendent of public 
instruction may direct, and shall be in such form and upon such 
blanks as the superintendent of public instruction shall furnish. 
The county superintendent shall retain a copy of all such reports 
and file the same in his office. — R. S. 5880 

92. Penalty for failure to report. If the county superin- 
tendent fails to make a full and correct report to the superin- 
tendent of public instruction, as provided by law, and shall, after 
written request or notice from the superintendent of public in- 
struction, or from the board of county commissioners, delay more 
than ten days after the service of such notice to make such report, 
he shall forfeit the sum of one hundred dollars, which sum the 
board of county commissioners may deduct from any money due 
him ; said forfeit may, however, be recovered by suit, upon his 
official bond.— i?. 8. 5882 

93. Administer oaths. The county superintendent shall have 
power, and is hereby authorized, to administer oaths and affirma- 
tions to school directors, teachers and all other persons in official 



STATE OF COLORADO ' 59 

matters relating to schools ; but shall receive no fee for so doing. 
—B. 8. 5883 

94. Duties of county superintendents. It shall be the duty 
of the county superintendent to exercise a careful supervision 
over the schools of his county, to visit each school at least once 
during each quarter it is in session, to see that all the provisions 
of this act are observed and followed by teachers and school 
officers ; to examine the accounts of the district officers to see if 
such accounts are properly kept, and all district funds properly 
accounted for; to keep, in a good and substantial bound book, a 
record of his official acts, and of other matters required by law 
to be recorded; to obey the legal instructions and decisions of the 
superintendent of public instruction. He shall also keep a record 
of the registers, record books and order books furnished to the 
several districts of his county; and it shall be his duty to hold 
county teachers' associations whenever, in his judgment, the 
interests of the school work demand it ; the records of the county 
superintendent's office shall be open to the inspection of any 
citizen of the county, and within one week from the close of each 
school year he shall publish in some newspaper published in the 
county, if there be such a paper, a statement of the apportionment 
of school funds for the year preceding. — R. S. 5881 

95. Appoint directors. The county superintendent shall ap- 
point directors for any district which fails to elect, as provided 
in section 44, and shall fill vacancies that may occur in any board 
of directors by reason of death, removal from office or from the 
district, resignation or otherwise, except in the boards of directors 
of districts of the first class, and the officers so appointed shall 
hold office only until the ensuing regular election. — R. S. 5884 

Note. Section 44 above referred to is section 142 herein. 

96. Boundaries of school districts — record — prepare maps. 
It shall be the duty of the county superintendent to ascertain the 
boundaries of each school district in his county, and to make and 
keep a record of the same in a suitable bound book, which record 
shall show definitely the boundaries of each district. In case the 
boundaries are found to be conflicting or incorrectly described, 
he shall harmonize the same and make a report of such action to 
the board of school directors whose districts are affected thereby. 
District officers shall have access to such records for the purpose 
of examination, making copies, or for other legitimate purposes. 
The county superintendent shall prepare, or have prepared, a map 



60 ANNOTATED SCHOOL LAWS 

of the county, showing the correct boundaries of the districts. — 
R. S. 5885 

97, County superintendent compare census list — ascertain 
number of blind and deaf mutes. The census list of the several 
districts shall be carefully examined and compared by the county 
superintendent, and if the name of the same person be found 
upon more than one list he shall strike said name from all lists 
except that of the district in which such person was residing in 
good faith on the 10th day of April (February) aforesaid. The 
residence of an unmarried person of school age shall, in all cases, 
be held to be identical with the bona fide residence of the parent 
or guardian of such person ; Provided, That such parent or guard- 
ian be a resident of the state. If the county superintendent find 
upon any census list the names of any persons who he believes 
were not residents in good faith of such district, as aforesaid, he 
shall notify the secretary certifying the list, and if said secretary 
shall not establish the correctness of the list within fifteen days 
after such notification, such names shall be stricken from the list. 
At the time of taking the annual census, the secretary shall use 
reasonable diligence to ascertain the number of blind and deaf 
mute persons resident in the district, between the ages of four 
and twenty-two years, with the name and postoffice address of 
each. Said items shall be embodied in his annual report to the 
county superintendent. — R. S. 5939 

Note. Time of taking census clianged to February by section 115 
herein. 

Note. County superintendents report on June 1 in eacb year to 
superintendent of scliool for deaf and blind the names of persons in their 
counties entitled to admission to such school, section 277. 

Note. Census defined, section 242. 

98. Apportionment of county school fund. The county 
superintendent shall apportion the general school fund of the 
county among the several school districts in accordance with the 
provisions of sections seventy-two and seventy-three of this 
chapter, quarterly, to- wit : On the first Monday in January, 
April, July and October, in each year, and he may apportion the 
same at other times if there be sufficient money in the treasury 
to require it. He shall certify each apportionment promptly to 
the county treasurer, and shall also notify the secretary of each 
district of the amount |)laced to the credit of his district. — 
R. S. 5888 



STATE OP COLORADO 61 

99. Apportionment of school fund — ^basis. In apportioning 
the general fund, as directed in section nineteen of this chapter, 
the county superintendent shall base the July apportionment, in 
each year, on the census lists and reports of the secretaries of the 
several districts for the school year next preceding, and he shall 
base all apportionments on said lists and reports for a period of 
one year, except in the case of the apportionment to new districts, 
as provided in section thirty-two of this chapter. — R. 8. 5889 

Note. Sections 19 and 32 above referred to are sections 98 and 140 
herein. 

100. Apportionment according- to number of school age. The 

county superintendent shall apportion the funds aforesaid among 
the districts entitled to the same, according to the number of per- 
sons of school age, as shown by the census lists and reports of the 
several districts for the school year immediately preceding, as 
provided in section seventy-two. — R. 8. 5890 

Note. Section 72 above referred to is section 99 herein. 



62 ANNOTATED SCHOOL LAWS 



COUNTY TREASURER 



101. Duties of county treasurer. It is hereby made the duty 
of the county treasurer in each county, to keep a separate account 
with each school district in his county, to place to the credit of 
each the -amount of money as certified to by the county superin- 
tendent, as provided in section nineteen, and to pay over the 
money so collected, upon the presentation of the legally-drawn 
warrants or orders of the district officers entitled to draw the 
same ; Provided, That if the county superintendent shall notify ■ 
the county treasurer, in writing, that there has been a failure on 
the part of any board of directors to comply with the law, and 
that said money should be withheld from said board of directors, 
he shall retain the same until further notice from the county 
superintendent; on or before the 5th day of July in each year, 
he shall render, to the county superintendent of schools, a state- 
ment of the receipts and disbursements on account of the several 
districts, of all the school funds which have passed through his 
hands during the school year next preceding, and at the same 
time he shall render to each district secretary a statement of 
receipts and disbursements of such district. All money which 
shall become forfeited by any district shall be put into the general 
school fund, and be re-apportioned as other moneys. — R. S. 5900 

Note. Fees for collecting taxes, section 109 herein. 

Note. Report fines collected, section 151 herein. 

Note. Section 19 above referred to is section 98 herein. 

102. County treasurer certify moneys to county superin- 
tendent — pay over — failure — penalty. The county treasurer 
shall, on or before the first day of January, April, July and 
October, of each year, certify the amount of said tax which shall 
have been collected, and the amount of any other county school 
money, then in the county treasury, to the county superintendent, 
and shall render him a statement of the amount uncollected. The 
amount unpaid shall be collected at any subsequent time, as delin- 
quent taxes are collected, and shall be certified to the county 
superintendent, as aforesaid. Should the treasurer fail at any 
time to pay over the tax, as herein provided, he shall forfeit the 
sum of one hundred dollars, and double damages, to be collected 



STATE OF COLORADO 63 

on his official bond; suit to be brought by the county superin- 
tendent, for the benefit of his county [school fund]. — R. S. 5899 
Note. County treasurer pay school warrants or orders, sections 100, 
101, 103. 

103. Treasurer keeps separate accounts — warrants. It shall 
be the duty of the county treasurer to open and keep separate 
accounts with each school district in his county, and hold the 
funds of each district, subject to the legal warrants of the pres- 
ident, as provided by section 53 of this chapter. If the legal 
warrant of any school district in his county be presented to the 
county treasurer when there are no funds in his hands to the 
credit of the district fund against which the warrant is drawn, 
he shall endorse such warrant "No funds," and said warrant 
shall draw interest from the date of such endorsement at the 
same rate as county warrants in like condition. The treasurer 
shall keep a list of all warrants so endorsed, and shall pay them 
whenever there is sufficient money to the credit of the proper fund 
in the order of such endorsement. The interest on such warrants 
shall stop when the treasurer shall give notice that he has funds to 
pay the same ; Provided, It shall not be lawful for the officers of 
any district to issue warrants at any time in an amount in excess 
of the tax levy for the current year. — R. S. 5901 

Note. Duties of county treasurer, in matters of school funds, section 
101. 

Note. See following section as to time of payment. 

Note. Section 53 above referred to is section 114 herein. 

104. County treasurer cancel all paid school orders. That it 
shall be the duty of county treasurers to cancel all paid school 
orders, with a proper cancelling stamp, showing the date of pay- 
ment.— i?. 8. 5902 

105. County treasurer render quarterly statement to school 
board; That it shall be the duty of county treasurers to render to 
the secretary of each board of school directors, quarterly, an item- 
ized statement of account of their respective district, showing : 

(a) The numbers and amounts of all orders paid and charged 
against the accounts of the respective districts ; 

(b) The amounts of money received and credited to the 
accounts of the respective districts ; 

(c) The balance due said district at the end of each quarter. 
—R. S. 5903 

106. Pay school orders as re^stered. It shall be the duty 
of the county treasurer of each county in this state, when there 
are sufficient funds to the credit of any school district, or to the 



64 ANNOTATED SCHOOL LAWS 

credit of any school fund of any such district, to pay in full the 
principal and interest of any orders which may be on such fund, 
in the. order of their registration, and if at any time there shall 
be $200 in the hands of such treasurer, to the credit of any such 
fund, it shall be his duty to cause to be published in some news- 
paper published at the county seat of such county, for twenty 
days, a notice that certain school orders (describing same by 
numbers and amounts) will be paid upon presentation, and at the 
expiration of said twenty days' advertisement such orders shall, 
cease to bear interest. — R. S. 1326 

107. County treasurer furnish blanks to district board. 
That the said county treasurers shall enclose with each quarterly 
statement, a proper blank upon which the secretary of each re- 
spective board of directors may report to their county treasurer 
that said canceled orders and statements have been received and 
found correct. — R. S. 5904 

108. Failure to publish call — penalty. Whenever the treas- 
urer of the state of any county, city, town or school district shall 
have in his hands any moneys applicable to the payment of any 
state, city, town, county or school district warrant, and shall fail 
or neglect for thirty days to publish a call as provided by law 
for the presentation and payment of warrants, he shall be deemed 
guilty of a misdemeanor and, upon conviction, shall be liable to a 
fine not less than ten nor more than three hundred dollars. — 
R. S. 1826 

109. Treasurer's fees — school taxes. The county treasurer 
shall charge and receive the following fees and commis- 
sions :****** 

Upon all school taxes in counties of the first class, one per 
cent. ; in counties of the second class, one per cent. ; in counties of 
every other class, one per cent, on school taxes, and two per 
cent, on town and city taxes. * * * — R, S. 2537 



STATE OF COLORADO 65 



DIRECTORS 



110. Directors — classification of districts — election. There 
shall be elected in each school district in the manner prescribed 
by statute a board of directors. The number of members that 
shall constitute such board of directors shall be determined as 
follows : The school districts shall be classified into first, second 
and third classes. Districts containing a school population of one 
thousand or more shall be denominated districts of the first class ; 
districts containing a school population of less than one thousand 
and more than three hundred and fifty shall be denominated dis- 
tricts of the second class ; and districts containing a school popu- 
lation of three hundred and fifty or less shall be denominated dis- 
tricts of the third class. 

At the regular election in 1913, as provided by statute, and 
every six years thereafter, there shall be elected by ballot in all 
districts of the first class, two directors ; and at the regular 
election in 1915, and every six years thereafter, two directors ; 
at the regular election in 1917 and every six years thereafter, 
one director. The term of office of all directors in said school 
districts of the first class shall be six years and until their re- 
spective successors shall have been elected and qualified. 

Boards of directors and boards of education of districts of the 
first class shall, at the first meeting after such election, elect a 
president, a secretary and a treasurer, each of whom shall hold 
office for the term of two years, and until their respective succes- 
sors are elected and qualified; Provided, That in districts of the 
first class the president shall be a member of the board. The 
secretary and treasurer may or may not be members of the board. 

In districts of the second and third classes the board shall 
consist of three directors, a president, a secretary, and a treasurer, 
one of whom shall be elected annually for a term of three years 
on the first Monday in May, and notice for such election wlien 
posted shall specify the name of the office to be filled and the 
length of term ; Provided, That, at all school elections held after 
the passage of this act, the length of term shall be so specified 
that the term of the president shall expire in 1914 and every 
three years thereafter ; that of the treasurer shall expire in 1915 



66 ANNOTATED SCHOOL LAWS 

and every three years thereafter ; and that of the secretary shall 
expire in 1916 and every three years thereafter. 

In districts of the first class and second class the boards, 
after organization, shall exercise all the power given to the 
electors of school districts of the third class as specified in section 
5955 of the Revised Statutes of the State of Colorado of 1908. — 
S.'L. '11, p. 587 

Note. Section 5955 above referred to is section 148 herein. 

Note. "No person except a qualiiied elector shall be elected to any 
civil or militars^ office in the state." — Colo. Const., Art. VII, § 6. 

First class districts — directors — when elected 
Note. Section 142 herein provides that the regular election for elect- 
ing members of school boards in first class districts shall be held biennially 
on the first Monday in May, 1911, and section 110 provides that at the 
regular election in 1913, and every six years thereafter, there shall be 
elected tw^o directors; in 1915, and every six years thereafter, tw^o directors; 
in 1917, and every six years thereafter, one director; and that the terms 
of office of all directors of first class districts shall be six years. This 
means that the vacancy occurring by the expiration of the present five- 
year-term director, expiring in 1912, must be filled by the board until the 
regular election of 1913, at which time another five-year term will have 
expired. Two directors can then be elected for six years, in accordance 
with present law. In 1914 another five-year term expires, to be filled by 
the board until the regular election of 1915, when another expires, and two 
members can be elected for six years. In 1916 the last five-year term 
expires, and the vacancy must be filled until the regular election of 1917, 
when the fifth member of the board is elected for six years. 

Directors — second and third class districts — election 
Note. Prior to the enactment of section 110 herein second and third 
class districts were grouped under three general heads, on account of the 
fact that like officers were elected in different years. This classification 
will no longer exist after 1913, as the present law provides that the term 
of the president in all second and third class districts shall expire in 1914; 
that of the treasurer in 1915, and that of secretary in 1916. Until the 
election of 1914, however, the various officers should be elected in the 
different groups at the general school election in the years and for the 
periods of time, as follows: 

In the first group, organized prior to March 20, 1877, in 1912, a 
president for two years ; if a vacancy in office of treasurer, a treasurer for 
three years; if a vacancy in office of secretary, a secretary for one year. 
In 1913, a treasurer for two years; if a vacancy in office of president, a 
president for one year; if a vacancy in office of secretary, a secretary for 
three years. 

In the second group, organized between March 20, 1877, and April 
4, 1887, in 1912, a secretary for one year; if a vacancy exists in office of 
president, a president for two years; if a vacancy in office of treasurer, a 



STATE OP COLORADO 67 

treasurer for tlirfee years: In 1913, a president for one year; if a vacancy 
in office of treasurer, a treasurer for two years; if a vacancy in office of 
secretary, a secretary for three years. 

In the third group, organized since April 4, 1887, in 1912, a treasurer 
for three years; if a vacancy in office of secretary, a secretary for one 
year; if a vacancy in office of president, a president for two years. In 
1913, a secretary for three years ; if a vacancy exists in office of president, 
a president for one year; if a vacancy in office of treasurer, a treasurer for 
two years. 

In new districts a board elected at other than a general election holds 
over until the regular election, at which time a president shall be elected 
whose term expires in 1&14, a treasurer whose term expires in 1915. If 
such regular election is in 1912, a secretary for one year only; but if such 
election is in 1913 or later, a secretary should be elected whose term 
expires in 1916, or every three years thereafter. 

111. Directors qualify within twenty days — vacancies — 
treasurer's bond and report — oath of office. The directors shall 
each, within twenty days after his or her election, appear before 
some officer authorized to administer oaths, and take oath that 
he or she will faithfully perform the duties of his or her office 
required by law, which oath shall be filed with the county super- 
intendent; and, in case of failure so to qualify, his or her office 
shall be deemed vacant, and the county superintendent shall ap- 
point a suitable person, who shall qualify immediately. If the 
amount of money liable to come into the hands of the treasurer, 
in the discharge of his official duties, exceed twenty dollars at 
any one time, he shall be required to give bond in double the 
amount of money liable to come into his hands, said bond to be 
approved by, and filed with, the county superintendent. The 
directors-elect shall take office immediately after qualifying, as 
aforesaid ; Provided, That any district treasurer, who shall refuse 
to give bond as above, when required to do so by the other mem- 
bers of the board, shall be disqualified from receiving any money 
on district account until a satisfactory bond is executed. The 
oath of office required in this section may be administered by a 
president of a school board ; and it is hereby made the duty of 
the district treasurer of all first class districts to publish, semi- 
annually, in some newspaper published within the county wherein 
such district may be located, a complete and full report of all 
receipts and expenditures of the said district's funds. — R. S. 5922 

112. Regular meeting's of board — special — adjourned. The 
regular meeting of each board shall be held on the last Saturday 
of March, June, September and December. The board may, how- 



68 ANNOTATED SCHOOL LAWS 

ever, hold such other regular, special or adjourned meetings as 
they may from time to time determine, or as may be specified in 
their by-laws.— i2. S. 5923 

SPECIAL DISTRICT MEETINGS 

113. Special meetings in districts of third class. In any dis- 
trict of the third class, the board of directors may at any time 
call a special meeting of the electors of such district, for any of 
the purposes specified in section sixty-two of this act, and it shall 
be their duty to call such meeting if petitioned so to do by ten 
legal voters of the district. Notices, specifying the time, place 
and object of such meeting, shall be posted in three public places, 
one of which shall be at the place of meeting, at least twenty 
days prior to the time of holding such meeting.— i2. S. 5954 

Note. Classes of districts — election of directors, section 110. 
Note. Section 62 above referred to is section 148 herein. ' 

114. President sign orders — appear in suits — absence — va- 
cancies. The president, when present, shall preside at all meet- 
ings of the board and of the district ; shall sign all orders on the 
county treasurer for the payment of money; Provided, That no 
orders shall be drawn upon the county treasurer except in favor 
of parties to whom the district has become lawfully indebted. 
He shall appear in behalf on his district in all suits brought by 
or against the same, but when he is individually interested, this 
duty shall be performed by the secretary, and in the absence of 
the president the secretary shall preside at board and district 
meetings. Absence from the district of any school officer, when 
prolonged beyond thirty consecutive days, may be held to work 
a vacancy in said office, which may be filled according to law. — 
R. S. 5934 

115. Duties of secretary — bond. Before entering upon the 
duties of his office, the secretary shall execute a bond, with two 
securities, in the penal sum of five hundred dollars in districts 
of the first and second classes, and the penal sum of one hundred 
dollars in districts of the third class, conditioned upon the faith- 
ful discharge of his official duties and the delivery of all district 
property pertaining to his office over to his successor, within 
ten days after a demand is made for the same by a qualified 
successor, said bond to be approved by and filed with the county 
superintendent. The secretary shall record all proceedings of the 
board and of district meetings in a book, or books, kept for that 
purpose ; shall preserve copies of all reports made to the state or 



STATE OP COLORADO 69 

county superintendent; shall file all papers transmitted to him 
by other school officers pertaining to the business of the district ; 
shall draw and countersign all warrants or orders issued by the 
board ; shall keep a register or stub of all orders drawn, showing 
the number of the order, date, amount, in whose favor and for 
what purpose drawn. Immediately after the election of one or 
more directors according to law, he shall transmit to the county 
superintendent a statement giving the name and post office ad- 
dress of the president, secretary and treasurer, respectively, of 
the boards of directors. Between the tenth day of February 
and the first day of March, in each year, the secretary, or some 
person, authorized by him, shall take a census of all persons over 
six years and under twenty-one years of age who were bona fide 
residents of the district on the tenth day of February aforesaid. 
The names so listed shall be arranged alphabetically, and be so 
classified as to distinguish between male and female. The census 
list shall be sworn to as correct by the person taking the same, 
and, if such person be other than the secretary, shall be certified 
by the secretary, and shall be forwarded to the county superin- 
tendent on or before the first day of April of the current school 
year. In districts of first and second classes a copy shall be de- 
livered to the principal teacher, or superintendent of the district, 
and in all cases a copy shall be retained ,in the office of the secre- 
tary.—^. L. '11, p. 577 

Census showing one thousand — directors — election — appointment 
Note. That portion of section 129 of the School Laws Annotated 
included in brackets has been amended by implication by sections 110 and 
142 herein, so that, in case the census of 1912 should show a thousand or 
more children of school age in a second class district, it would be the duty 
of the two hold-over members on the first Monday in May to appoint three 
members of the board to serve until the regular election of 1913, at which 
time two members shall be elected for six years, one member for four years 
and one member for two years. In case the census showed such number 
of children in 1913, then two members shall be elected for six years and 
one for four years. If such showing were made in 1914, then three 
members should be appointed until the regular election of 1915; and then 
and thereafter the same procedure as above should be followed, and all 
vacancies occurring in even years should be filled only until the next regu- 
lar biennial election, and then elected in numbers and for periods of time 
to correspond with the provisions of section 110 herein. 

116. Further duties of secretary — report. The secretary 
shall keep an accurate account of the expenses incurred by the 
district, and shall present the same to the board whenever called 
upon. He shall give the required notice of all regular and special 



70 ANNOTATED SCHOOL LAWS 

meetings, as herein authorized. On or before the first day of 
August of each year he shall make out and file in the office of the 
county superintendent, a report of the affairs of his district. Said 
report shall be made upon blanks prepared by the superintendent 
of public instruction containing such items of information as the 
said superintendent shall require, including the following, viz. : 

First — The number of persons, male and female, each, in his 
district, between the ages of six and twenty-one years. 

Second — The number of schools and the branches taught in 
each. 

Third — The number of pupils in each school. 

Fourth — the number of teachers employed, in each school, 
and the compensation of each per month. 

Fifth — The number of days the school was taught during the 
year then past and by whom. 

Sixth — The number of pupils enrolled during the year; the 
average daily attendance. 

Seventh — The average cost of school per month for each 
pupil, based upon the total enrollment, and also the average 
cost, based upon the average daily attendance. In estimating 
these averages the secretary shall take account of the teachers' 
wages ; all current expenses, and six per cent, interest upon a 
fair valuation of all property belonging to the district. 

Eighth — Text books used in each school. 

Ninth — The number of volumes in the library of each school. 

Tenth — -The aggregate amount paid teachers during the year, 
and the average monthly pay of teachers. 

Eleventh — The number of public school houses, and the esti- 
mated value of each. 

Twelfth — The amount raised by tax in the district during 
the year for school library. 

Thirteenth — The amount raised by subscription or by other 
means than by tax. 

Fourteenth — The amount of special tax levied for the sup- 
port of schools and for building sites, and furniture. 

Fifteenth — The amount of money on hand at the beginning of 
the year then past. 

Sixteenth — The amount of money received from all other 
sources than those herein specified. 

Should the secretary fail to file his report, as above directed, 
he shall forfeit the sum of one hundred dollars, and shall make 



SIATE OF COLORADO 71 

good all loss resulting to the district from sucli failure. — R. S. 
5936 

117. Secretary exhibit quarterly report to board. That it 
shall be the duty of each secretary of the boards of school 
directors to exhibit said quarterly report to the board at its first 
regular meeting after the receipt of said report for the inspection 
of said board and that the board shall examine said quarterly 
report and canceled orders and instruct the secretary to report 
the correctness, or incorrectness, if any be found, upon the blank 
furnished by the county treasurer. — R. S. 5905 

Note. For report referred to, see section 106. 

118. Secretary keep quarterly reports and canceled orders 
on file for six years. That it shall be the duty of each secretary 
of the several boards of school directors, and their successors, to 
keep on file for a term of six years, all quarterly reports and can- 
celed orders received from county treasurers, and at the end of 
said period to cancel by fire, all canceled orders, filing the quar- 
terly reports for such period for future reference. — R. S. 5906 

119. Secretary render statement — books open for inspection. 

The secretary shall render a statement of the condition of the 
finances, as shown by the books, at any time when required by 
the school board, and his books shall always be open for inspec- 
tion.— i?. 8. 5937 

120. Failure of secretary to report— duty of superintendent 
of public instruction. Whenever a district secretary fails to file 
his annual report and census list with the county superintendent, 
according to law, thereby rendering it impossible for the said 
superintendent to apportion to such district any part of the gen- 
eral fund for the ensuing year, if it can be shown to the satis- 
faction of the superintendent of public instruction that such 
report and census list were prepared and reasonable diligence 
used to place the same in the hands of the county superintendent, 
and that such report and census list failed to reach said superin- 
tendent by reason of some accident or extraordinary occurrence ; 
and if it be further shown that a public school was maintained in 
such district for not less than the minimum time required by the 
state constitution ; and if it be also shown that duplicates of the 
missing papers have been placed in the hands of the county super- 
intendent, or in his office, then the superintendent of public in- 
struction shall direct the county superintendent to apportion to 
such district its per capita share of the general fund distributed 



72 ANNOTATED SCHOOL LAWS 

during the remainder of the year, as provided in section seventy- 
two.— i?. 8. 5938 

Note. Section 72 above referred to is section 99. 

Note. Report of secretary, section 116. 

121. Treasurer countersign warrants — ^render accounts — fail- 
ure — penalty. It shall be the duty of the treasurer to counter- 
sign all warrants drawn by the president and secretary on the 
county treasurer, in favor of parties to whom the distiict has 
become lawfully indebted, and to keep an account of tbe same. 
He shall take charge of all moneys received by him on account 
of the district from the county treasurer, as provided in sections 
ninety-one and ninety-two of this act, and pay out the same as 
therein provided. He shall render a statement of the finances 
of the district, as shown by the records of his office at the close of 
each school year, and at any other time when required by the 
board. For a failure to perform any of the duties of his office when 
directed by the board, or for refusing or neglecting to deliver 
to his legally qualified successor all money, books, or other dis- 
trict property in his possesion or care, within ten days after the 
same shall have been demanded by such successor, he shall be 
liable on his bond, and shall make good any loss resulting to the 
district from such failure or neglect. — R. S. 5940 

Note. Sections 91 and 92 above referred to are sections 22 and 31. 

122. Delinquent officers — penalties. No superintendeiit or 
district officer shall receive any of the compensation, who has 
neglected or refused to perform any duty required by law, and 
any district officer so neglecting or refusing, when specially 
directed by a majority of the district board, shall lie deemed 
guilty of a misdemeanor, and it shall be deemed a violation of law 
for any person to draw or sign a warrant for the payment of such 
delinquent officer, and any person so signing a warrant shall be 
liable in double the amount of such warrant. — R. 8. 5941 

123. Powers of directors. Any school board shall have 
power to make such by-laws for their own government and for 
the government of the public schools under their charge, as they 
may deem expedient, not inconsistent with the provisions of this 
act, or the instructions of the superintendent of public instruction. 
District boards of the first class shall also have power to fill any 
vacancy which may occur in the board, until the regular election, 
at which time the vacancy shall be filled for the unexpired term. — 
R. 8. 5924 

Note. County superintendents fill vacancy, except in first class dis- 
tricts, section 95. 



STATE OF COLORADO 73 

124. Powers of school boards. Every school board, unless 
otherwise especially provided by law, shall have power, and it 
shall be their duty: 

First — To employ or discharge teachers, mechanics and labor- 
ers, and to fix and order paid their wages; to determine the 
rate of tuition for non-resident pupils, and to fix the compensa- 
tion to be allowed the secretary for the time necessarily spent in 
the service of the district, as required by law, or as directed by 
the board; Provided, It shall be unlawful to pay any other mem- 
ber of the board, from the district funds, for his services as a 
member of such board. 

Second — To enforce the rules and general regulations of the 
state superintendent, to fix the course of study, the exercises and 
the kind of text books to be used ; Provided, That but one kind of 
text book of the same grade or branch of study shall be used in 
the same department of a school, and that after the adoption of 
any book, it shall not be changed in less than four years, unless 
the price thereof shall* be unwarrantably advanced, or the me- 
chanical quality lowered, or the supply stopped. 

Third — To provide for school furniture, and for everything 
needed in the school house, or for the use of the school board. 

Fourth — To rent, repair and insure school houses. 

Fifth — To build or remove school houses, and to purchase 
or sell school lots, when directed by a vote of the district so to do. 

Sixth — To hold in trust for their district all real or personal 
property for the benefit of the school thereof. 

Seventh — To suspend or expel pupils from school who refuse 
to obey the rules thereof, and to exclude from school, children 
under six years of age. 

Eighth — To determine the number of teachers that shall be 
employed, and length of time over and above three (3) months 
that the school shall be kept; to fix the time for the opening or 
closing of schools, and for the dismissal of primary pupils before 
the regular time for closing the schools. 

Ninth — To provide books for indigent children, on the writ- 
ten statement of the teachers that the parents of such children 
are not able to purchase them, and to furnish free text books 
for the use of all pupils, when authorized to do so by a majority 
vote of the district, as expressed at any regular or special meeting. 

Tenth — To require all pupils to be furnished with the proper 
and suitable books as a condition of membership in school. 



74 ANNOTATED SCHOOL LAWS 

Eleventh — To exclude from school and school libraries all 
books, tracts, papers and other publications of an immoral or 
pernicious tendency. 

Twelfth — To require teachers to conform to the law. 

Thirteenth — To make an annual report, as required by law, 
to the county superintendent, on or before the first day of August 
of each year, in the manner and form and on the blanks pre- 
scribed and furnished by the superintendent of public instruction. 

Fourteenth — To make a report directly to the state super- 
intendent, whenever instructed by him so to do. 

Fifteenth — Whenever a pupil resides remotely from the 
school house in his district, and where a school house is more 
accessible in an adjoining district or county, such pupil shall 
be permitted to attend that school which is the most accessible, 
and be granted the same privileges as a resident of that district. 
Provided, The board may refuse to admit pupils from other dis- 
tricts upon the ground of insufficient room. In such case, the 
directors of the district wherein the said pupil resides shall pay 
a reasonable tuition to the district wherein the school is the most 
accessible, which said tuition shall be agreed upon by the two 
school boards affected; Provided, however, If they do not agree, 
the county superintendent or superintendents of the county or 
counties in which such district or districts so affected are located 
shall settle the prica of tuition. In case said two superintendents 
can not agree on the tuition to be paid, then the state superintend- 
ent of public instruction shall fix the sum of said tuition. Provided, 
further, that whenever any pupil outside a high school district 
desires to attend a high school within the county where such 
pupil resides, or in an adjoining county, and such pupil shall 
possess necessary qualifications for admittance thereto, the neces- 
sary tuition fees charged for the attendance of such pupil by 
said high school shall be paid by the school district in which such 
pupil resides up to two dollars and a half ($2.50) per month; 
Provided, however, that no high school be required hereunder to 
admit pupils from another district at a less charge per month 
than the average cost per pupil for the previous year for that 
high school ; Provided, further, that the Board of Directors of any 
district may pay more than two dollars and a half ($2.50) per 
month, but not exceeding the above-mentioned average cost. — 
R. S. 5925 ; amended S. L. '09, p. 488 ; amended S. L. 'IS, p. 573 

Sixteenth — That School Boards of first, second and third 
class districts, in addition to the powers now conferred upon them 



STATE OF COLORADO 75 

by law, shall have the power to provide for the interchange of 
teachers with school districts of other states ; provided, however, 
that the teachers exchanged shall teach but one year, the year's 
service outside of the state being credited to them as teaching in 
the district in which they are regularly employed when the inter- 
change is made. Provided, further, that the salaries of the Colo- 
rado teachers shall be paid by the Colorado school districts and 
the salaries of the teachers from outside of Colorado exchanged 
to teach in this State shall be paid by the school districts in their 
respective states. Provided, however, that no teacher shall be 
considered eligible for such an exchange, who has not taught at 
least five years in the district in which said teacher is exchanged. 
— /Sf. L. '15 

125. Directors make financial statement. It shall be the 
duty of the boards of directors of all school districts in school 
districts of the first and second class in the several counties of 
this state to publish semi-annually, within twenty days after the 
close of business June 30th and December 31st of each year, a 
complete report of the financial conditions of said school district, 
showing all receipts and disbursements from each and every fund, 
so itemized as to give the general public definite information as to 
the financial condition of said district; such publication shall be 
made once in a newspaper of general circulation printed and pub- 
lished within said district ; Provided, That if there be no news- 
paper published within said district, then such publication shall 
be made once in a newspaper having a general circulation within 
said district.— /S'. L. '11, p. 582 

126. Directors make financial statement in districts other 
than first and second. It shall be the duty of the boards of 
directors of all school districts in districts other than aforesaid 
to publish a complete report annually of the financial condition 
of their districts within twenty days after the close of business, 
June 30th of each year, showing all receipts and disbursements 
from each and every fund, so itemized as to give the general 
public definite information as to the financial condition of said 
district ; such publication shall be made once in a newspaper 
printed and published in said district; provided that if there be 
no newspaper published in said district, then such publication 
shall be made once in a newspaper having a general circulation 
within said district. — S. L. '11, p. 583 

127. Penalty for failure to publish. The members of any 
school board who shall fail or refuse to make such publication as 



76 ANNOTATED SCHOOL LAWS 

aforesaid, shall be subject to a fine not to exceed one hundred 
dollars for each offense. — 8. L. '11, p. 583 

DRINKING CUPS IN SCHOOLS 
Note. Chapter 125, Sess. Laws '11, page 333, provides that it shall be 
unlawful for any person or board having charge of public places, including 
schoolhouses, to furnish any cup, or permit any cup, or other receptacle, 
to be used promiscuously as a common drinking cup, or to allow the same 
to remain in any such public place unless there shall be adequate provision 
for thoroughly sterilizing the same; and provides that any person violating 
such law shall be deemed guilty of a misdemeanor and be fined in a sum 
not less than five nor more than two hundred dollars. 



STATE OP COLORADO 77 



DISTRICTS 



DISTRICTS, OFFICERS AND ELECTIONS 

128. School districts to be bodies corporate. Each regu- 
larly organized school district heretofore formed, or that may be 
formed, as provided in this chapter, is hereby declared to be a 
body corporate, by the name and style of "School District 

No , in the county of , and State of Colorado," 

and in that name may hold property and be a party to suits and 
contracts, the same as municipal corporations in this state. — R. S. 
5913 

129. Legal school district — when second class districts 
become first class. Every school district in the state which now 
exercises the prerogatives of a school district, and the legality of 
whose organization has not been legally denied, and which has a 
board of directors, duly qualified according to law, and has exer- 
cised the rights and enjoyed the privileges of a legally and regu- 
larly established district for one year, shall be, and is hereby 
declared to be a legal school district, and all district officers shall 
hold office until their successors are qualified. When school dis- 
tricts of the second class shall attain a school population of one 
thousand or more, as shown by the annual census, at the next 
regular election thereafter, as provided in section 44 of this act 
(there shall be elected one director for three years, and one 
director for four years, and one director for five years, and 
annually thereafter one director for five years), as provided for 
in districts of the first class; and the persons so elected, together 
with the directors whose official terms have not expired, shall 
constitute, the new board, which board shall enter upon the duties 
prescribed by law for boards of directors of districts of the first 
class.— i2. S. 5916 

Note. Section 44 above referred to is section 142 herein. 

Census showing one thousand — directors — election — appointment 

Note. That portion of section 129 of the School Laws Annotated 
included in brackets has been amended by implication by sections 110 and 
142 herein, so that, in case the census of 1912 should show a thousand or 
more children of school age in a second class district, it would be the duty 
of the two hold-over members on the first Monday in May to appoint three 
members of the board to serve until the regular election of 1913, at which 



78 ANNOTATED SCHOOL LAWS 

time two members shall be elected for six years, one member for four 
years and one member for two years. In case the census showed such 
number of children in 1913, then two members should be elected for six 
years and one for four years. If such showing were made in 1914, then 
three members should be appointed until the regular election of 1915; and 
then and thereafter the same procedure as above should be followed, and 
all vacancies occurring in even years should be filled only until the next 
regular biennial election, and then elected in numbers and for periods of 
time to correspond with the provisions of section 110 herein. 

130. Legal districts — what constitutes. All school districts 
now formed, or which may hereafter be formed, which shall con- 
tinue to exercise, undisputed, the prerogatives, and enjoy the 
privileges of a legally formed district, for the period of one year 
next succeeding the election of its officers, shall be deemed to be 
a legally formed district, and its legality shall not thereafter be 
questioned. — R. S. 5917 

ORGANIZATION OF DISTRICTS, ETC. 

131. Organization of new districts — petition — unorganized 
territory. For the purpose of organizing a new district out of a 
portion of one or more old districts, the parents of at least ten 
children of school age residing within the limits of the proposed 
new district, shall petition the county superintendent, in writing, 
which petition shall describe the boundaries of the proposed dis- 
trict, and the names of all children of school age residing in such 
proposed district at the date of said petition; and said list of 
names shall be held to be the census list of said district until the 
next regular census shall be taken, and if any names are found 
on said list, and also on other census list for the current year, 
if the county superintendent is satisfied [that] the children so 
named are bona fide residents of the proposed district, he shall 
strike such names from the lists of the old districts, when the 
organization of the new district is complete. If, in the judgment 
of the county superintendent, the school interest of the districts 
affected by the proposed change will be best promoted by said 
change, he shall direct some one of the petitioners who is a legal 
voter, to notify each elector residing within the district so to be 
formed, by personal service as far as convenient, and to post a 
notice in three public places in said new district, that such peti- 
tion has been made, and that a meeting will be held, naming the 
time and place for such meeting, to determine the question of the 
proposed organization. People living upon unorganized territory 
may organize themselves into a school district at any time, with- 



STATE OF COLORADO 79 

out a petition, if a majority of the legal voters residing within the 
proposed district shall so decide at a meeting, of which reasonable 
notice has been given to all resident voters, and which meeting 
shall be conducted as is now provided by law for the organization 
of new districts ; Provided, That, in addition to the copy of the 
proceedings now required by law, the secretary shall also trans- 
mit to the county superintendent a certified list of all children of 
school age who are residents in good faith in said district at the 
date of the organization, which list shall be held to be the census 
list of said district until the next regular school census.— 72. *Sf. 
5907 

132. New districts — how organized — election of directors. 
The qualified electors of such proposed new district when assem- 
bled in accordance with the notice above required, shall organize 
by electing a chairman and secretary. Every legally qualified 
elector, and none other, shall be entitled to vote at such meeting. 
After the organization of such meeting, as above mentioned, a 
vote shall be taken by ballot on the question whether or not the 
proposed district shall be organized. Those in favor of organiza- 
tion shall vote "yes," and those opposed "no." If two-thirds of 
the legal voters so voting are found to be in favor of such organi- 
zation, and not otherwise, the meeting shall proceed to elect by 
ballot a board of directors of said district, who shall hold office 
until the ensuing regular election, as provided in section forty- 
four of this act. The secretary of said meeting shall immediately 
transmit to the county superintendent a copy of the proceedings '^' 
of the meeting, upon receipt of which, if the proceedings are 
found to have been in accordance with law, he shall establish and 
number such district and enter a record of the same, and of the 
proceedings of the meetings, as provided in section twenty-four 
of this act; Provided, If such organization of a new district works, 
great hardship to any head of a family, a statement of the facts! ^ 
may be submitted to the superintendent, and two disinterested! ^ ' 
persons, one to be named by the superintendent and one by th^ \ ^ 
person affected,] and if, in their judgment, good cause be shown 
for the transfer, he may be transferred to another district ; Pro- 
vided, further, That no district shall hereafter be divided for the 
purpose of forming a new district, unless it contains an area of 
more than nine square miles or has an assessed valuation of more 
than twenty thousand dollars and forty children of legal school 
age, nor shall a district be divided, if by so doing the remainder 
of the district shall be found to contain less than twenty persons 



80 ANNOTATED SCHOOL LAWS 

of school age, and, when practicable, the district shall conform to 
government lines; Provided, also. That no city or town shall 
hereafter be divided into two or more districts, nor shall the dis- 
tricts of the first class be divided, except upon a vote of the 
electors of the district, submitted at an annual election, a majority 
of all the votes cast being in favor of such division.- — R. S. 5908 

Note. Sections 24 and 44 above referred to are sections 96 and 144 
herein. 

133. Uniting two or more districts — territory annexed or 
detached — unorganized territory. Two or more contiguous dis- 
tricts may be united into one district. For the purpose of effect- 
ing such union, each district shall, at a special meeting legally 
called for the purpose, determine by ballot whether or not a 
majority of the legal voters assembled are in favor of such union. 
Those in favor will vote "yes" and those opposed "no." If a 
majority of the voters present in each district vote in favor of a 
union, a union meeting shall be called by giving at least ten days' 
public notice, at which meeting the organization shall be perfected 
by the election of officers and other necessary proceedings, in the 
same manner as provided for the organization of districts in sec- 
tion twenty-eight of this chapter: Provided, That where a first 
class district is joined in such union with a district, or districts, 
of a lower class, the board of directors of such first class district 
shall be held to be the board of directors for the united district, 
and the members thereof shall be entitled to serve the unexpired 
portion of their respective terms as such directors of said united 
district ; and the board or boards of directors of the lower class 
districts in said united districts shall cease and determine upon 
notice from the county superintendent of schools that such dis- 
tricts have been united under the provision of this act. Upon 
receiving notice from the county superintendent of such union of 
districts, it shall be the duty of the county treasurer to transfer 
all funds belonging to said districts to the credit of the new dis- 
trict thus formed. Provided, That when one or more of the 
districts so united, previous to the time of being united, shall 
have incurred a bonded indebtedness, such districts alone shall 
be subject to the same, and that none of the other districts uniting 
under this act shall be held in any manner subject to such indebt- 
edness or interest thereon. A portion of unorganized territory 
may be annexed to a school district, or a portion of one district 
may be detached from said district and annexed to a contiguous 
district, by the county superintendent, upon petition, in either 



STATE OF COLORADO 81 

case, of a majority of the legal voters resident within the territory 
to be so annexed, subject, always, to the limitation of section 
twenty-eight. 

Provided, That when there are children of school age, resid- 
ing upon unorganized territory, and a majority of the legal voters 
of such territory shall neglect or refuse, after being given thirty 
days' notice in writing by the county superintendent, to petition 
to be annexed to a contiguous district, the county superintendent 
may attach such unorganized territory to a contiguous school dis- 
trict in the same manner as though such petition had been pre- 
sented to him.— ^. L. '11, p. 580 

Note. Section 28 above referred to is section 132 herein. 

134. Organization of joint districts. A joint school district 
may be formed from territory belonging to two or more contigu- 
ous counties. For the purpose of organizing a joint district, the 
same preliminary steps shall be taken, and the same course pur- 
sued, as is provided for the organization of other districts, in 
sections twenty-seven and twenty-eight. Such district shall be 

designated as "Joint District No , of the counties of 

and' , " and shall 

be so numbered that it shall have the same number in all the 
counties from which it is formed. The petition required by sec- 
tion twenty-seven shall be made to each county superintendent 
interested, who shall unite in forming such districts; Provided, 
That the school census, the record of attendance at school, the 
assessing of property, the collection of taxes, and all other acts 
which from their nature should be separately kept or done, shall 
be kept and done, and the reports thereof made, as if each portion 
of said joint district belonging to each county were an entire 
district in the respective counties. The teachers of such joint 
district shall have a certificate from the superintendent of the 
county in which the school house is located. No joint district 
shall be annulled except by the consent of the county superin- 
tendents of the counties in which such district is located; Pro- 
vided, That when any joint district desires to be annulled for the 
purpose of forming separate districts, it shall require a majority 
of the voters constituting said joint district, at a meeting called 
for such purpose. — R. S. 5911 

Note. Sections 27 and 28 above referred to are sections 131 and 132 
herein. 

135. When a new district shall be entitled to public school 
money — proviso. No new district, formed as provided in sections 



82 ANNOTATED SCHOOL LAWS 

twenty-seven and twenty-eight of this chapter, shall be ^titled 
to any portion of the public school money until a school has 
actually commenced therein, and unless within six months from 
the establishment of such district a school be opened and main- 
tained, as required by law, the action making such district shall 
be void, and all actions had by such district, acting as a body 
corporate, shall cease and determine, and all taxes which may 
have been levied in the old district or districts out of which the 
new one was formed, shall be valid and binding upon the real and 
personal property of the new district, the same as if said new 
district had never been organized; Provided, That the county 
superintendent may, for good cause, extend the said six months 
to eight months; said time of limitation shall begin to run from 
the time of the meeting at which it was voted to organize the 
district; whenever any district shall, for the period of one year, 
fail to maintain a school and to keep up its organization of officers, 
and to make annual report as required by law, the county superin- 
tendent may declare such district annulled, and annex its terri- 
tory to adjoining district or districts. — R. 8. 5910 

Note. Sections 27 and 28 above referred to are sections 131 and 132 
herein. 

CONSOLIDATED DISTRICTS 

136. Consolidation defined. For the purpose of this act the 
word ''consolidation" is hereby defined as providing for the 
abolishment of certain adjoining school districts and their organi- 
zation into one special school district, and for the conveyance of 
pupils to one consolidated school. — S. L. '09, p. 492 

137. School boards may submit question. The school boards 
of two or more adjoining school districts may submit the question 
of consolidation, and upon the petition of not less than one-fourth 
of the qualified electors of such school districts, must submit such 
question to a vote of the qualified electors of such districts. For 
the purpose of determining the question, the secretary of the 
school board in each district affected shall, by giving legal notice, 
call a special meeting to be held at the usual place of holding 
school district elections. The legally qualified electors when 
assembled in accordance with the notice above specified shall vote 
by ballot for or against such consolidation. Those in favor will 
vote "For consolidation" — ^Yes, those opposed, ''For consolida- 
tion" — No. If at said election more votes are cast against the 
proposition for consolidation than for it the question shall not be 



STATE OF COLORADO 83 

again submitted to the electors of said adjoining districts for a 
period of one year. — S. L. '09, p. 492 

138. Call meeting to organize district. If a majority of the 
electors vote in favor of consolidation it shall then be the duty of 
the school board in the district affected which has the largest 
school enumeration to call a union meeting by giving at least 
twenty days' public notice in each district affected, at which 
meeting the organization of the consolidated district shall be per- 
fected by the election of officers and other necessary procedure. 
After the organization of the union meeting is completed by the 
election of a chairman and secretary it shall proceed to elect, by 
ballot, a board of directors for such consolidated district, consist- 
ing of a president, a secretary and a treasurer, who shall be held 
to constitute the board of directors of such consolidated district 
until the next annual school election, at which election one presi- 
dent shall be elected for a term of three years, one secretary for 
two years and one treasurer for one year, and annually thereafter 
a person to fill the vacancy occurring. Provided, That when a 
district of the first class is joined with a district or districts of a 
lower class the board of directors of said first class district shall 
be held to be the board of directors of the consolidated district 
and shall serve out the term for which they were elected. — S. L. 
'09, p. 492 

139. Purchase site — erect building — transport children. As 
soon as the organization of a special school district as herein con- 
templated shall have been perfected and its officers elected, it 
shall be the duty of the school board of such consolidated school 
district, if necessary, to purchase a site and erect a suitable build- 
ing thereon, and said school board is hereby required to maintain 
and support a graded course of instruction, and may include a 
high school course of not less than two years, and may at its 
discretion furnish transportation to and from school to all pupils 
living one mile or more from the consolidated school or building. 
Said distance to be measured from the enclosure immediately sur- 
rounding their residence to the school house property along the 
public highway, provided, that the person or persons employed 
for the purpose of transporting the pupils to and from school shall 
be required to give a reasonable bond for the faithful perform- 
ance of duties as prescribed by the school board. — S. L. '11, p. 579 

140. When new district entitled to share of funds — appor- 
tionment. When a new district is formed from one or more old 
ones, the school funds remaining to the credit of the district, 



84 ANNOTATED SCHOOL LAWS 

after providing for all outstanding debts, excepting debts incurred 
for building and furnishing school houses, shall be divided as 
follows: The basis of division for the school fund shall be the 
school population, as shown by the last school census before the 
division of the district or districts occurred, and shall apply such 
funds as remain to the credit of said old district or districts at 
the time of the organization of said new district, and each district 
shall receive funds in proportion to its per cent, of the said census. 
In case of division, each district shall own and hold all permanent 
property, such as sites, school houses and furniture, situated 
within its boundaries. All division of funds under this provision 
shall, be made by the county superintendent, and when there are 
unpaid special taxes on the county tax book belonging to a dis- 
trict at the date of its division, the county treasurer, upon being 
notified of such division by the county superintendent, shall retain 
all money received in payment of said special tax until the same 
shall be apportioned by the county superintendent, whose duty 
it shall be to apportion said money monthly,, between the fractions 
of the divided district, according to the location of the property 
on which said tax was levied. At the first apportionment after 
the organization of a new district, the county superintendent shall 
apportion to such district its per capita proportion of the general 
fund, but no money, either from the general or special fund, shall 
be paid out of the county treasury on account of such district 
until a school [house] shall have been begun therein in good 
faith.— i2. S. 5912 

141. Districts may hold real estate — proviso. It shall be 
lawful for any school district in this state to take and hold, under 
the provisions of any law now or hereafter in force providing 
for the exercise of the right of eminent domain, so much real 
estate as -may be necessary for the location and construction of 
a school house and convenient use of the school; Provided, That 
the real estate so taken otherwise than by the consent of the 
owner thereof, shall not exceed in districts of the first class, three 
acres, if real estate be unplatted, and not exceeding one block 
if real estate be platted, and in districts of all other classes, not 
exceeding one acre. — B. 8. 5914 

Note. Chapter 31 referred to is the chapter on "Eminent Domain." — 
R. S., chap. xiv. 



STATE OF COLORADO 85 



ELECTIONS 



142. Annual elections — notices posted — ^publication — ^ballot. 

The regular election for electing members of school boards or 
boards of education shall be held biennially in each school dis- 
trict of the first class, and annually in each school district of the 
second and third classes on the first Monday in May, beginning 
with the year 1911, at which time it shall be lawful in school 
districts of the third class to transact any business pertaining to 
schools and school interests. 

The secretary of each school board shall cause written or 
printed notices to be posted, specifying the day and the place 
or places of such election, the boundaries of election precincts, if 
any, and the time during which the ballot box or boxes shall be 
kept open, not less, however, than three hours in districts of the 
second and third classes, and further specifying at what hour and 
place any other business shall be transacted. In districts of the 
first class the ballot box or boxes shall be kept open from seven 
o'clock a. m. to seven o'clock p. m. Said notices shall be posted 
in at least three public places in the district, and additionally at 
each school house, at least six days prior to the time of election; 
and in districts of the first class, said notice shall be published 
weekly for the four weeks next preceding such election, in some 
newspaper published in the district, and if there be no paper 
published in such district, then in a paper published in an adjoin- 
ing district ; provided that in those districts having a school popu- 
lation of more than three thousand the said notice shall be posted 
as aforesaid at least eight weeks previous to the time of election 
and published in a newspaper as aforesaid once each week for a 
period of eight weeks next preceding such election. If the secre- 
tary shall fail to give such notice, then any two legal voters re- 
siding in the district may give such notice over their names, and 
such election may be held after the day fixed by this act for such 
election.—^. L. '11, p. 588 

First class district — section amended 

Note. Section 142 herein provides that the regular election for elect- 
ing members of school boards in first class districts shall be held biennially 
on the first Monday in May, 1911. Section 110 provides that at the regular 
election in 1913, and every six years thereafter, there shall be elected two 



86 ANNOTATED SCHOOL LAWS 

directors; in 1915, and every six years thereafter, two directors; in 1917, 
and every six years thereafter, one director; and that the term of office of 
all directors of first class districts shall be six years. This means that 
the vacancy occurring by the expiration of the present five-year-term 
director, expiring in 1912, must be filled by the board until the regular 
election of 1913, at which time another five-year term will have expired, 
and two directors can then be elected for six years, in accordance with 
the present law. In 1914 another five-year term expires, to be filled by the 
board until the regular election of 1915, when another expires, and two 
members can be elected for six years. In 1916 the last five-year term 
expires, and the vacancy must be filled until the regular election of 1917, 
when the fifth member of the board is elected for six years. 

Directors — second and third class districts — election 

Note. Prior to the enactment of Section 110 herein second and third 
class districts were grouped under three general heads, on account of the 
fact that like officers were elected in different years. This classification 
will no longer exist after 1913, as the present law provides that the term 
of the'president in all second and third class districts shall expire in 1914, 
that of the treasurer in 1915 and that of the secretary in 1916. Until the 
election of 1914, however, the various officers should be elected in the 
different groups at the general school election in the years and for the 
periods of time, as follows: In the first group, organized prior to March 
20, 1877, in 1912, a president for two years; if a vacancy in office of treas- 
urer, a treasurer for three years; if a vacancy in office of secretary, a 
secretary for one year. In 1913, a treasurer for two years; if a vacancy 
in office of president, a president for one year; if a vacancy in office of 
secretary, a secretary for three years. 

In the second group, organized between March 20, 1877, and April 4, 
1887, in 1912, a secretary for one year; if a vacancy exists in office of 
president, a president for two years; if a vacancy in office of treasurer, a 
treasurer for three years. In 1913, a president for one year; if a vacancy 
in office of treasurer, a treasurer for two years; if a vacancy in office of 
secretary, a secretary for three years. 

In the third group, organized since April 4, 1887, in 1912, a treasurer 
for three years; if a vacancy in office of secretary, a secretary for one 
year; if a vacancy in office of president, a president for two years. In 
1913, a secretary for three years ; if a vacancy exists in office of president, 
a president for one year; if a vacancy in office of treasurer, a treasurer 
for two years. 

In new districts, a board elected at other than a general election 
holds over until the regular election, at which time a president shall be 
elected whose term expires in 1914, a treasurer whose term expires in 
1915, and if such regular election is in 1912, a secretary for one year only, 
but if such election is in 1913 or later, a secretary should be elected 
whose term expires in 1916 or every three years thereafter. 

Census sliowing one thousand — directors — election — appointment 
Note. That portion of section 129 of the School Laws Annotated, 
1912, included in brackets has been amended by implication by sections 



STATE OF COLORADO 87 

110 and 142 herein, so that, in case the census of 1912 should show a 
thousand or more children of school age in a second class district, it would 
be the duty of the two holdover members on the first Monday in May to 
appoint three members of the board, to serve until the regular election of 
1913, at which time two members shall be elected for six years, one 
member for four years and one member for two years. In case the census 
showed such number of children in 1913, then two members should be 
elected for six years and one for four years. If such showing were made 
in 1914, then three members should be appointed until regular election of 
1915; and then and thereafter the same procedure as above should be 
followed, and all vacancies occurring in even years should be filled only 
until the next regular biennial election, and then elected in numbers and 
for periods of time to correspond with the provisions of section 110 herein. 

143. Electors — directors — qualifications — ^publish names — 
ballots — ^registration — county clerk furnish — judges — challengers 
— watchers — fraudulent — voting — oaths — certificate — taxpayers 
— bribery — fraud. Every elector qualified to vote at a general 
election, having been a resident of the school district for thirty 
days next preceding the date of election shall be entitled to vote 
at school elections, provided that he has been first duly registered 
as hereinafter provided in this act, for districts having a school 
population of more than three thousand. 

In districts of the first and second classes any person who 
may desire to be a candidate for the office of school director shall 
file a written notice of such intention with the secretary of the 
school district in which he resides at least eight days prior to 
the date for the holding of the election of school directors, pro- 
vided that in districts of the first class the said candidate or can- 
didates, in addition to filing such written notice shall also file 
a certificate of nomination signed by not less than fifty qualified 
electors of said district, which certificate of nomination shall 
contain the name of the office for which such person or persons 
is nominated, the name. Post Office address and residence of each 
of such persons, and if in a city the street number of residence 
and place of business, and the secretary of said school district 
shall, for five consecutive days preceding the day of said election 
publish in some daily newspaper published in said district, or 
when no daily newspaper is published in such district, then by 
posting a printed or written notice in not less than five public 
places in such district and at each school house in such district, 
the names of all candidates who have been nominated as above 
provided. — Held to be unconstitutional : Little John vs. People, 52 
Colo., 226. 



»» ANNOTATED SCHOOL LAWS 

In districts of the first and second classes the said secretary 
shall have printed ballots prepared bearing the names of all candi- 
dates so nominated, which names shall be arranged in alphabet- 
ical order, according to the surnames of the candidates ; and on 
the ballot shall be printed such words as will indicate the number 
of directors or members of the board of education to be elected. 
All such ballots shall be uniform in every respect and of sufficient 
length and width to allow all the names of the candidates to be 
printed in clear plain type, and so as to give each elector an 
opportunity to designate by a cross-mark (X) in a sufficient mar- 
gin at the right of the name of each candidate, his choice of candi- 
dates. There shall be printed on the back of each ballot the fol- 
lowing endorsement : 

''Official Ballot of School District No in the County 

of and State of Colorado," together with the date 

of the election and a facsimile of the signature of the secretary of 
the school district. 

In school districts having a school population of more than 
three thousand, no person shall hereafter be permitted to vote at 
any school election, without first having been registered in the 
manner required by the provisions of this act. 

Any person possessing all the qualifications of an elector in 
any school district, whose name appears on the registration list 
made according to law for the general election of county officers 
in the county in which the school election precinct in which such 
person resides is situated next preceding any school election in 
such district shall be entitled to vote at such school election. 

In school districts having a school population of more than 
three thousand, any person possessing all the qualifications of an 
elector, whose name does not appear upon the registration list of 
the voting precinct, in which he resides, made according to law 
for the next preceding general election of county officers in his 
county may, not less than thirty days, nor more than sixty days 
prior to the time of any school election, appear before the county 
clerk of the county in which he resides, or if the district is not 
located in the county seat, appear before the secretary of the 
school board of the district in which he resides, and, upon making 
oath before said county clerk or district secretary of his qualifica- 
tions as an elector, and answering to said county clerk or district 
secretary all the questions required by law to be answered for reg- 
istration for a general election, cause his name to be placed upon 



STATE OF COLORADO 89 

the registration list for such school election by said county clerk 
or district secretary. 

The county clerk of each county wherein there shall be one 
or more school districts having a school population of more than 
three thousand shall prior to the time of holding any election in 
said school district make a full and complete copy of the regis- 
tration list of the qualified voters of each school election pre- 
cinct as the same shall be designated and bounded by the board 
of directors or the board of education of any such school dis- 
trict having a school population of more than three thousand, 
which list shall contain the names of the qualified voters accord- 
ing to the registration list made for the next preceding general 
election of county officers, together with such changes, additions 
and amendments as shall have been made by said county clerk in 
making new registrations as provided by this act, and shall certify 
the same under his hand and official seal, and shall deliver the 
same to the secretary of such school district not less than five 
days prior to the time of the holding of an election in said school 
district. 

The said school district shall pay to the county clerk as his 
fee for making and certifying said registration lists the sum of 
one cent for each and every name therein contained or added 
thereto by new registration. 

In districts of the first and second classes the board of 
directors or board of education may, not less than sixty days 
prior to the time of the holding of any school election divide the 
district into such number of election precincts as they shall see 
fit and fix the boundaries of the same, and in each case they shall 
designate one voting place in each of said election precincts. 
Immediately .upon so dividing said districts the secretary of any 
school district having a school population of more than three 
thousand shall certify to the county clerk of the county in which 
the said district is situated the limits and boundaries of said 
election precinct. "Whenever the board of directors or board of 
education shall divide a district into election precincts they shall, 
prior to the time of holding such election, appoint three judges 
for each of the said election precincts, each of whom shall be 
a qualified elector of the school election precinct for which he is 
appointed, who shall not be members of the school board. 

In school districts of the third class the directors or members 
of the board of education shall act as judges, and each voter shall 



90 ANNOTATED SCHOOL LAWS 

prepare his own ballot by writing the name of the candidate or 
candidates for whom he wishes to vote on a piece of paper. 

In case one or more judges of election shall be absent at the 
time and place stated in the notice for the opening of the polls 
and ballot boxes, one or more duly qualified electors shall be 
chosen by viva voce vote of the qualified electors present to fill 
the vacancy or vacancies. 

Any person offering to vote at any school election in any dis- 
trict may be challenged by any legally qualified elector of the 
district and thereupon the judges of election or one of them may 
require him to answer, under oath, such questions touching his 
qualifications as a voter as they see fit. One of the judges shall 
administer to him the oath, as follows : 

"I do solemnly swear or affirm that 1 am a citizen of the 
United States ; that I have resided in this state for one year 
immediately preceding this election; in this county ninety days 
and in this school district thirty days. That I am twenty-one 
years of age and that I have not previously voted at this election, 
so help me God." 

If the person so challenged shall refuse to make such oath 
or affirmation, his vote shall be rejected. Each candidate voted 
upon at any school election in any school district shall have the 
right to appoint in each school election precinct any person who 
is a qualified elector of such school district, to remain with the 
polling places during the casting and counting of votes and the 
declaration of the result thereof. Such watcher may also act as 
challenger when there is reason to believe that any person about 
to vote is not entitled to vote at such election precinct. If any 
elector shall vote more than once or having voted once shall offer 
to vote again at any school election or shall deposit or offer to 
deposit in the ballot box at any school election more than one 
ballot, he shall be deemed guilty of a crime and upon conviction 
thereof he shall be fined not less than fifty dollars and shall be 
imprisoned in the county jail for not less than three months. 

Prior to the time of any school election, the secretary of 
each school district of the first class shall provide ballot boxes and 
cause to be prepared two duplicate poll-books for each voting 
place in his district. On the first page of said poll-books shall 
be printed a blank form of oath, to be taken by each of the judges 
of election, substantially as follows : 

"I, , do solemnly swear (or affirm) 

that I will perform the duties of judge of election according to 



STATE OP COLORADO 91 

law, and to the best of my ability ; that I will studiously endeavor 
to prevent fraud, deceit and abuse in conducting same; that 1 
will not try to ascertain how any electors shall vote, and if in 
the discharge of my duties such knowledge comes to me, I will 
not disclose the same unless required to do so in some court of 
justice, so help me God." 



Subscribed and sworn to before me this, 
day of A. D. 



Judge. ' ' 

The said oath shall be taken and subscribed by each of the 
judges of election before any votes shall be received. Any of the 
judges of election shall have the power and authority to admin- 
ister said oath. 

The next succeeding several pages of said poll-books shall con- 
tain in one column, a series of numbers beginning with the number 
one and in an adjoining column, spaces opposite said numbers, 
in which a judge of election shall write the names and addresses 
of the electors as they respectively present themselves for voting. 
On one of the latter pages of said poll-books shall be printed a 
blank form of certificate of return, substantially as follows : 

"To the Board of Education of School District No 

in the County of , in the State of Colorado : 

At an election held at in election pre- 
cinct No of said school district on the 

day of A. D , the following named 

persons received respectively the number of votes placed opposite 
their names for the office of director or member of the board of 
education of said school district, to-wit : 

A. B. received votes. 

C. D. received . votes. 

E. F. received votes. 

G. H. received votes. 

The whole number of votes cast was 

The number of excess ballots was 

The number of unused ballots 

J. K., 
O. P., 
L. M., 
Judges." 



92 ANNOTATED SCHOOL LAWS 

In school districts having a school population of more than 
three thousand, when any elector appears for voting he shall 
give his name and place of residence to one of the judges. If 
his name shall be found on the registration list, and if the judges 
shall be satisfied that he is a qualified elector, his name and ad- 
dress shall be entered by the judge of election having charge of 
the poll-books in the column prepared for that purpose provided 
that it shall be entered in each poll-book opposite the same num- 
ber. The other judge shall thereupon write on the back of a 
blank ballot with ink, or indelible pencil, the number opposite 
that elector's name in the poll-book, together with his (the 
judge's) initials, and shall hand the ballot to the elector, who 
shall retire with it within the enclosure and prepare it for casting 
by marking a cross (X) opposite the names of those candidates for 
whom he desires to vote, or by drawing a line or lines through the 
names of those candidates for whom he does not wish to vote or 
by otherwise indicating his choice. After having prepared his 
ballot, the elector shall return the same to the judge from whom 
he received it, so folded as to expose the number and initials 
written on the back thereof by the judge, but not disclose the 
marks. on the face thereof indicating the elector's vote. That 
judge shall examine the number and the initials on the back of 
said ballot, and if they indicate that it is the same one which 
was issued to that elector, the judge shall again write his initials 
on the back of the same, and return it to the elector, who shall 
deposit it in the ballot-box. 

Provided, however, that at all elections held for voting upon 
a proposition to create or contract a debt by loan for the purpose 
of erecting or furnishing school buildings, or purchasing school 
grounds, only such qualified electors of the district shall vote 
thereat as shall have paid a school tax in such district for the 
year next preceding such election. 

If any person shall falsely personate a voter and shall vote 
under the name of such voter he shall be deemed guilty of a crime 
and upon conviction thereof, he shall be fined not less than fifty 
dollars and shall be imprisoned in the county jail for not less than 
three months. 

It shall be unlawful for any person, directly or indirectly, by 
himself or through any other person, 

(a) To pay, loan or contribute, or offer or promise to pay, 
loan or contribute, any money or other valuable consideration to 
or for any voter to vote or refrain from voting at any school 



STATE OF COLORADO 93 

election provided by law, or to induce any voter to vote or refrain 
from voting at such election for any particular person or persons, 
or to induce such voter to go to the polls, or remain away from 
the polls at such election, or on account of such voter having 
voted or refrained from voting for any particular person, or 
having gone to the polls or remained away from the polls at such 
election. 

(b) To give, offer or promise any office, place or employ- 
ment, or to promise or procure or endeavor to procure any office, 
place or employment, to or for any voter, or to or for any other 
person, in order to induce such voter to vote or refrain from 
voting at any school election provided by law, or to induce any 
voter to vote or refrain from voting at such election for any par- 
ticular person or persons. 

(c) To advance or pay, or cause to be paid, any money or 
valuable thing to or for the use of any person, with the intent that 
the same or any part thereof shall be used in bribery at any 
school election provided by law, or to knowingly pay or cause to 
be paid any m.oney or other valuable thing to any person in dis- 
charge or repayment of any money, wholly or in part, expended 
in bribery at any such election. 

Any person convicted of any of the offenses mentioned in 
paragraphs (a), (b) and (c) of this act shall be punished by a 
fine of not less than fifty dollars nor more than five hundred dol- 
lars, or imprisonment in the county jail for not less than six 
months nor more than one year, or by both fine and imprisonment. 

If any elector at any school election shall be guilty of wilful 
and corrupt false swearing or affirmation by any oath or affirma- 
tion prescribed by law in the conduct of such election, such per- 
son shall be deemed guilty of perjury and upon conviction thereof 
shall be punished by a fine of not less than fifty dollars or to 
exceed five hundred dollars or imprisonment in the county jai] 
not to exceed one year. 

If any judge or clerk of a school election shall knowingly 
and wilfully permit any person to vote at any school election who 
is not entitled to vote thereat, or shall knowingly and wilfully 
permit any persons to vote more than once at such election, or 
shall knowingly and wilfully permit any person to deposit more 
than one ballot in the ballot box at such election, or shall be guilty 
of any fraud in the conduct of any such election, or shall know- 
ingly permit the commission of any fraud or deceit on the part 
of any other person in the conduct of such election, such judge 



94 ANNOTATED SCHOOL LAWS 

or clerk shall be deemed guilty of a crime, and upon conviction 
thereof shall be fined not less than fifty dollars and shall be 
imprisoned in the county jail for not less than three months. — 
S. L. '11, p. 58^ 

Note. See Qualifications of Electors, article VII, section 1, consti- 
tution. 

144. Counting votes — special election — excess ballots — dis- 
position of poll books — canvass of votes — contest. Immediately 
after the close of the polls the judges shall open the ballot box 
and proceed to count the votes polled, and shall continue to count 
without adjournment until finished. If, for any cause, no election 
be held at the regular time, or if, upon counting the votes, there 
be a tie vote for any one or more of the officers, a special election 
shall be called by the board within ten days, and notice thereof 
given as required in section 5918 of the revised statutes of the 
state of Colorado of 1908, as hereby amended. A failure to give 
the prescribed notice of such special election shall render the 
election void. 

If in school districts of the first class it shall be found that 
the number of ballots in the box or boxes exceeds the number of 
names entered in the poll books, the judges of election without 
unfolding the ballots, shall examine the endorsement on the backs 
of the same, and, if in their opinion any one or more of them is 
spurious, they shall be separated from the others unopened, and 
shall not be counted, but shall be enclosed in a package by them- 
selves, marked ''excess ballots" and returned to the ballot box. 
A record of the number of such excess ballots shall be made and 
certified to the board of directors or board of education in the 
certificate of returns. 

As soon as all the ballots shall have been counted the judges 
shall make out the certificate of returns in each poll-book in 
duplicate, under their hands, stating the number of votes east, 
the number of excess ballots, and the number of unused ballots 
and the number of votes received by each candidate in both words 
and numerical figures. 

One of the poll-books, together with the registration list of 
voters, shall be enclosed and sealed under cover, and forthwith 
delivered by one of the judges to the secretary of the board of 
education or board of directors of said school district. 

After the ballots have been counted they shall be returned to 
the ballot box, together with one of the poll-books ; the ballot box 



STATE OP COLORADO 95 

shall thereupon be closed, locked and sealed by the judges of 
election and shall forthwith be returned to the secretary of the 
board of directors or board of education of that school district by 
one of the judges other than the one designated to return the poll- 
books and registration list. If the judges of election can not 
agree upon the question of which of them shall return the poll- 
books and registration list, and which the ballot box, all three of 
the judges shall return both together. 

Upon receiving the ballot box and the poll-books and regis- 
tration list the secretary of the board of directors shall give his 
receipt therefor. Immediately upon receiving all the returns of 
election the secretary shall call a meeting of the board of direct- 
ors or board of education to meet not more than twenty-four 
hours later. At such meeting the board of directors or board of 
education shall proceed to open and examine the said certificate 
of returns and shall canvass the votes cast, and it shall be the 
duty of the said board immediately upon the conclusion of such 
canvass to make out and deliver a certificate of election to the 
candidates who shall receive the highest number of votes, or 
where there is more than one vacancy to be filled, to those candi- 
dates who shall receive the highest number of votes, which said 
certificate shall be signed by the president and secretary of the 
board and bear the impression of the corporate seal of the board. 

The board of education shall preserve the ballot boxes 
unopened and intact until thirty days prior to the next school 
election, when the secretary shall open the same and burn their 
contents, unless the board shall be required to produce them in 
court of justice. 

Proceedings to contest the election of any person declared 
duly elected as a member of the board of education of any district 
in this state may be instituted by any qualified elector of such 
school district. Such proceedings shall be instituted within ten 
days after the votes cast at such election are canvassed. 

The county court of the county wherein a school district shall 
be situated shall have jurisdiction for the adjustment of all con- 
tests for the office of director or member of the board of education 
of any school district. In such cases the rules of practice and 
procedure in contested elections for the office of sheriff shall 
apply, as far as applicable. — S. L. '11, p. 596 

145. Applies to all school elections. The general provisions 
of sections 44, 45, 46, shall be applicable to all school elections. 



96 ANNOTATED SCHOOL LAWS 

whether general or special, or for whatever purpose held. — B. S. 
5921 

Note. Sections 44, 45 and 46 above referred to are sections 143 and 
144. 



STATE OP COLORADO 97 



ELECTORS 



146. Qualifications of electors. Every person over the age 
of 21 years, possessing the following qualifications, shall be enti- 
tled to vote at all elections : 

First — He shall be a citizen of the United States. 

Second — He shall have resided in this state one year immedi- 
ately preceding the election at "vvhich he offers to vote; in the 
county, 90 days; in the city or town, 30 days; and in the ward or 
precinct, 10 days. — R. S. 2146 

Note. Section 143 also requires that a person voting at a school 
election, in addition to the above qualifications, must reside in the school 
district thirty days previous to the school election. See also, article X, 
section 1, of constitution. 

147. Women vote — qualifications. That every female person 
shall be entitled to vote at all elections, in the same manner in all 
respects as male persons are, or shall be entitled to vote by the 
constitution and laws of this state, and the same qualification as 
to age, citizenship, and time of residence in the state, county, city, 
ward and precinct; and all other qualifications required by law 
to entitle male persons to vote shall be required to entitled female 
persons to vote. — R. 8. 2147 

148. Powers of electors at meetings. The qualified electors 
of districts of the third class, when assembled at any regular or 
special meeting shall have power : 

First — To appoint a chairman and secretary in the absence of 
the regular officers. 

Second — To adjourn from time to time, as occasion may 
require. 

Third — To fix the site for each school house, taking into con- 
sideration in doing so the wants and necessities of the poeple of 
each portion of the district. 

" Fourth — To order such tax on taxable property of the district 
as the meeting shall deem sufficient for any of the following pur- 
poses. To pay teachers ; to purchase or lease a suitable site for a 
school house or school houses ; to build, rent or purchase a school 
house or school houses ; and to keep in repair and furnish the same 
with the necessary fuel and appendages ; for procuring libraries 
for the schools, books and stationery for the use of the board and 



98 ANNOTATED SCHOOL LAWS 

district meetings, and to defray all other contingent expenses of 
the district. 

Fifth — To direct the sale or other disposition to be made of 
any school house, or the site .thereof, and of such other property, 
real or personal, as may belong to the district, and to direct the 
manner in which the proceeds arising therefrom shall be applied. 

Sixth — To transact generally such business as may tend to 
promote the cause of education, in accordance with the provisions 
of this act. 

Seventh — To adopt any rules of order for the government of 
district meetings not incompatible with the provisions of this act, 
and to alter and change the same from time to time, as occasion 
may require. — R. S. 5955 

See Sec. 124. 



STATE OP COLORADO 99 



EXAMINATIONS 



149. Examination of teachers — deputy — compensation. On 

the third Thursday in August, December and March in each year 
he shall meet all persons, of not less than eighteen years of age, 
desirous of passing an examination as teachers, in some suitable 
room at the county seat, notice of which shall be given in some 
newspaper in the county, or in case there is no paper published 
in the county he shall give such notice as may by him be deemed 
necessary, at which time he shall examine all such applicants in 
orthography, reading, writing, arithmetic, English grammar, 
geography, history, and constitution of the United States and the 
constitutions of Colorado, civil government, physiology, natural 
sciences, theory and practice of teaching, and the school law of 
the state. If the applicant is to teach in a school of high grade, 
the examination shall extend to such additional branches of study 
as are to be pursued in such school. If satisfied of the compe- 
tency to teach and of the good moral character of the applicant, 
he shall give such applicant a certificate, as provided in the fol- 
lowing section, but he shall not issue a certificate except one of 
like grade unless the applicant be examined at the regular state 
examinations. He may, however, in case of emergency, recognize 
county teachers' certificates issued in this or other states by 
endorsing thereon the word "Good" until the next regular county 
examination; Provided, That the certificates so endorsed shall be 
in full force at the date of such endorsement, and shall not be 
renewed, extended, nor show a previous endorsement thereon. 
If the attendance upon the examination at the county seat shall 
work a great hardship to five or more teachers in the county, the 
county superintendent may provide* for such teacher or teachers 
to take the examination at some convenient place, and the county 
superintendent may appoint some suitable person to conduct such 
examination, who shall without delay report to the county' super- 
intendent the written answers of each applicant. Such person 
shall be entitled to five dollars ($5.00) per day for conducting 
such examination, and such services shall be certified by the 
county superintendent to the county commissioners. — R. S. 5991 
Note. For teaching languages other than English and music and 
drawing, see section 383. 



100 ANNOTATED SCHOOL LAWS 

Scholastic examination — bar 

Note. The law under whicli the rules for admission to practice law 
in this state were formulated will be found in 3 Mills' (Rev.), 206-206b. 
This law does not enter into details, but empowers the supreme court, by 
virtue of its provisions, to designate the character of the examination to 
which applicants must submit. 

The rules governing admission to the bar of Colorado, adopted by the 
supreme court September 13, 1897, and amended May 4, 1898, make the 
following provision: 

"(c) Applicants who are not members of the bar, as above prescribed, 
shall present a thirty-count certificate from the regents of the university 
of the state of New York, or shall satisfy said committee that they gradu- 
ated from a high school or preparatory school whose standing shall be 
approved by the committee, or were admitted as regular students to some 
college or university, approved as aforesaid, or before entering upon said 
clerkship or attendance at a law school, or within one year thereafter, or 
before September 13, 1899, they passed an examination before the state 
superintendent of public instruction, in the following subjects: English 
literature, civil government, algebra, quadratic equations, plane geometry, 
general history, history of England, history of the United States, and the 
written answers to the questions in the above-named subjects shall be 
examined as to spelling, grammar, composition and rhetoric. The said 
examinations shall be conducted in connection with the regular county 
examination of teachers." 

Note. Those desiring to take this examination must notify the state 
superintendent of public instruction at least thirty days previous to the 
regular county examination, giving their full name and address and the 
county in which they wish to take the examination. 

Preliminary examination — dental 

Note. Each student seeking admission to any college of this asso- 
ciation shall have completed an accredited high school course or shall 
successfully pass an examination the equivalent of such high school course. 

This examination and the examination and verification of all certifi- 
cates shall be conducted by a state superintendent of public instruction, 
or his appointee. — National Association of Dental Faculties. 



STATE OF COLORADO 101 



FINES 



150. Justice report — fines. Every justice of the peace or 
other magistrate by whom any fine or penalty has been imposed 
which under the statute should be paid into the general school 
fund, shall at the next regular quarterly meeting of the board of 
county commissioners submit an itemized report showing date of 
trial, title of case, nature of offense and amount of fine, giving 
amounts collected, amounts uncollected, and accompany said 
reports with receipts from the county treasurer for amounts so 
collected and paid over to him. — R. S. 3874 

151. County treasurer render statement. The county treas- 
urer, at the time of rendering to the county superintendent of 
schools his quarterly certificate of taxes collected (as provided in 
section sixty-six of chapter XCVIl being general section three 
thousand and sixty-one of the general statutes of the state of 
Colorado) shall show separately in said certified statement the 
amounts received from fines and by whom paid in. — R. S. 3875 

FINES UNDER FEDERAL STATUTES 

152. For the willful setting on fire of timber and underbrush 
on public domain. Whoever shall willfully set on fire, or cause 
to be set on fire, any timber, underbrush, or grass upon the public 
domain, or shall leave or suffer fire to burn unattended near any 
timber or other inflammable material, shall be fined not more than 
five thousand dollars, or imprisoned not more than two years, or 
both. — Federal Criminal Code, 52 

153. Fine for leaving unattended fires in or near forest 
timber. "Whoever shall build a fire in or near any forest timber, 
or other inflammable material upon the public domain shall, before 
leaving said flre, totally extinguish the same ; and whoever shall 
fail to do so shall be fined not more than one thousand dollars, or 
imprisoned not more than one year or both. — Federal Criminal 
Code, 53 

154. Fines collected paid to public school fund. In all cases 
arising under the two preceding sections the fines collected shall 
be paid into the public school fund of the county in which the 
lands where the offense was committed are situated. — Federal 
Criminal Code, 54 



102 ANNOTATED SCHOOL LAWS 



FLAGS 



155. Directors purchase flag — flagstaff — display. The school 
directors of the several school districts in this state may pur- 
chase or cause to be purchased a suitable American flag of 
standard bunting, not less than eight by twelve feet in size, and 
they may erect and maintain or cause to be erected and main- 
tained upon each public school building or the grounds belong- 
ing thereto, a suitable flagstaff with the necessary appliances for 
displaying said flags, and may cause said flag to be displayed 
upon said staff upon all national and state holidays, the first and 
last days of each school term, and such other occasions as such 
school directors shall prescribe. — R. 8. 5928 

156. Each department keep flag. Every school within this 
state may have placed and kept in a conspicuous position in each 
department thereof at least one American flag of standard bunt- 
ing, not less than three by five feet in size. — R. S. 5929 

157. Expense of purchasing and care of flag. It shall be 
lawful for the school directors of each school district in this state 
to pay for said flags and staffs and to provide for the proper care 
and maintenance of the same, from any special school funds which 
they may have in their hands or which may be subject to their 
order, or to include the expense thereof in the next annual esti- 
mate for school expenses, or in any tax levy for school purposes; 
and the expense thereof for any public school shall be met by 
said directors or other officers charged with the duty of raising 
or appropriating any money for school purposes as any other 
necessary expenses or expenditures for school purposes are raised. 
—R. S. 5930 

158. Applies to all institutions. This act shall be held to 
apply to all institutions directlj^ or indirectly under the control 
of the state of Colorado or any of its officers, and it shall be the 
duty of such officer to see that this act is complied with. — R. 8. 
5931 

159. Injury to flag. Any person who shall wilfully injure, 
deface, or destroy any flag, flagstaff, or other material placed in 
any room or building or upon any building or school grounds 
for the carrying out of this act, shall be deemed guilty of a mis- 
demeanor and punished accordingly.— i?. 8. 5932 



STATE OF COLORADO 103 

160. Superintendent of public instruction publish act. It 

shall be the duty of the superintendent of public instruction to 
publish this act in connection with the school law of this state. — 
R. S. 5933 

161. Display of flag other than United States — exception. 
It shall be unlawful to display any flag upon any state, county 
or municipal buildings in this state, except the flags of the United 
States; Provided, however. That whenever any foreigner shall 
become the guest of the United States, or of the state of Colorado, 
or of any city of this state, or upon the occasion of the visit of any 
foreign minister, envoy or ambassador in his official or repre- 
sentative capacity, the flag of the country of which such person 
shall be a citizen may be displayed upon such public buildings; 
and it shall be unlawful to display the flag of any anarchistic 
society upon any public or private building or in any street pro- 
cession or parade within the state of Colorado. — R. S. 2597 

162. Violation. Any violation of this act is hereby declared 
a misdemeanor and shall be punished by a fine of not less than 
fifty nor more than five hundred dollars. — R. 8. 2598 

STATE FLAG 

163. State flag adopted — description of. That a state flag be 

and the same is hereby adopted to be used on all occasions when 
the state is officially and publicly represented, with the privi- 
lege of use by all citizens upon such occasions as they may deem 
fitting and appropriate. Said flag shall consist of three alternate 
stripes to be of equal width and at right angles to the staff, the 
white stripes being the middle one, the proportion of the flag 
being a width of two-thirds of its length. At a distance from the 
staff end of the flag of one thirty-sixth of the total length of the 
flag, there shall be a circular red C, of the same color as the red 
in the national flag of the United States. The diameter of the 
letter one-sixth of the width of the flag. The inner line of the 
opening of the letter C shall be three-fourths of the width of its 
body or bar, and the outer line of the opening shall be double 
the length of the inner line thereof. Completely filling the open 
space inside the letter C shall be a golden disk; attached to the 
flag shall be a cord of gold and silver, intertwined, with tassels 
one of gold and one of silver. All penalties provided by the laws 
of this state for the misuse of the national flag shall be applicable 
to the said state flag. — S. L. '11, p. 611 



104 ANNOTATED SCHOOL LAWS 

164. Concerning secret fraternities — sororities or societies — 
and forbidding school children to join the same — and concerning 
persons who cause or encourage children to violate this act. (1) It 

shall be unlawful for any pupil, registered as such, and attending 
any high school, district, primary, or graded school which is 
partially or wholly maintained by public funds, to join, become 
a member of, any secret fraternity, sorority or society wholly or 
partially formed from the membership of pupils attending any 
such schools, or belong to or take part in the organization or 
formation of any fraternity, sorority or society, except such 
societies or associations as shall be sanctioned by the boards of 
directors of the school districts wherein such schools are main- 
tained. 

(2) The boards of directors of all school districts shall enforce 
the provisions of Section 1 of this act, and shall have full power 
and authority to make, adopt, and modify all rules and regula- 
tions which in their judgment and discretion may be necessary 
for the proper governing of such schools and enforcing all the 
provisions of Section 1 of this act. 

(3) The boards of directors of school districts shall have 
full power and authority, pursuant to the adoption of such rules 
and regulations made and adopted by them, to suspend or dis- 
miss any pupil or pupils of such schools therefrom, or to prevent 
them, or any of them, from graduating or participating in school 
honors or in organizations of any kind connected with such 
schools when, after investigation, in the judgment of such boards 
of directors, such pupil or pupils are guilty of violating any of 
the provisions of Section 1 of this act, or who are guilty of violat- 
ing any rule, rules, or regulations adopted by such boards of 
directors for the purpose of governing such schools or enforcing 
Section 1 of this act. 

(4) It is hereby declared to be unlawful for any person to 
cause, solicit, induce or encourage any pupil or pupils of such 
schools to join any such fraternity, sorority, society or associa- 
tion mentioned in Section 1 hereof, or to solicit any such pupil or 
pupils to attend any meeting for the purpose of what is commonly 
known as "rushing" or to induce or solicit, any such pupil or 
pupils to join any fraternity, sorority, society or organization 
organized outside of said school, except such societies or associa- 
tions as shall have been first sanctioned by the board of directors 
of the school district wherein such school is maintained. Any 
person, registered as pupil in any high school, district, primary 



STATE OP COLORADO 105 

or graded school, who shall violate the provisions of this act, or 
any rule or regulation of the board of directors of the school dis- 
trict vi^herein such school is maintained for enforcing the pro- 
visions of this act, is hereby declared to be a delinquent child and 
may be proceeded against and dealt with accordingly under the 
laws of this state concerning delinquent children. Any other 
person who shall violate any provision of this act, or advise or 
encourage any pupil to violate the same or any such regulations 
made by school authorities to carry out the provisions of this act, 
shall be deemed guilty of violating the laws of this state concern- 
ing persons who cause, encourage or contribute to the delinquency 
of children and shall be proceeded against under the laws and be 
dealt with accordingly. — S. L. '13, p. 575 



106 ■ ANNOTATED SCHOOL LAWS 



FUNDS 



GENERAL SCHOOL FUNDS 

165. General school fund for building purposes — proviso. 

It shall be illegal for any school board to appropriate or cause 
to be used any money belonging to the general school fund, for 
the purpose of building, furnishing or erecting additions to any 
school house, or for the purchase or improvement of any school 
house, site or lot ; Provided, That if any portion of the aforesaid 
school fund remains to the credit of any district after the pay- 
ment of all expenses necessary to the support of a public school 
for a period of ten months in any one year, in said district, it shall 
be lawful for the district board to use such balance for any of the 
purposes provided for in section 51 of this chapter. — R. S. 5898 

Note. Section 51 referred to in this section is section 124. 

Note. Public contracts, section 235. 

EMERGENCY FUND 

165a. Permanent school emergfency fund. There is hereby 
created a ''Permanent School Emergency or Call Fund." Said 
fund shall be under the control of the state superintendent of 
public instruction as hereinafter provided. — S. L. '11, p. 142 

166. Fund to be transferred from general school income 
fund. There is hereby transferred and set over from the general 
school income fund to the "Permanent School Emergency or Call 
Fund" the sum of forty thousand dollars for the purpose of 
carrying out the provisions of this act. — S. L. '11, p. 142 

Note. The governor approved the above section to the amount of 
twenty thousand dollars. 

167. Treasurer to be custodian of fund. Said "Permanent 
School Emergency or Call Fund" shall remain in the hands of the 
state treasurer and any interest earned thereon or arising from 
the investment thereof shall be credited to said fund and become 
a part thereof.— /S'. L. '11, p. 142 

168. Fund when used. "When on account of unavoidable 
misfortune or casualty any public school district in this state is 
in financial distress and the special school tax and apportionment 
of the school funds are not sufficient to provide proper and neces- 
sary school facilities in such school district, the superintendent 



STATE OP COLORADO 107 

of public instruction may with the approval and consent of the 
governor and attorney general order the payment from the "Per- 
manent School Emergency or Call Fund," to such public school 
district of such an amount as may be necessary to provide neces- 
sary school facilities in said public school district. — S. L. '11, 
p. 143 

169. Payments when made. Payments shall be made from 
the "Permanent School Emergency or Call Fund" only upon the 
presentation of sufficient and satisfactory evidence that the school 
district making application for relief under the provisions hereof 
is by reason of unavoidable misfortune or casualty, in financial 
distress and that the special school tax and apportionment of 
school funds are not sufficient to provide proper and necessary 
school facilities in such public school district, and that such finan- 
cial distress will continue for at least one school year unless 
relieved under the provisions hereof. — ;S. L. '11, p. 143 

170. Amount expended in one year. The amount to be 
expended from the "Permanent School Emergency or Call Fund" 
in any one year for all purposes shall not exceed the total sum of 
twenty thousand dollars. — ^. L. '11, p. 143 

Note. The governor approved of tlie above to the extent of ten thou- 
sand dollars instead of twenty thousand dollars. 

171. Gifts — contributions. Any appropriation hereafter 
made and any gifts or contributions to the "Permanent School 
Emergency or Call Fund" shall be subject to all the provisions of 
this act.— ^S. L. '11, p. 143 

172. Vouchers approved by governor and attorney general. 
The auditor is hereby authorized to draw his warrant on the state 
treasurer in payment of any voucher issued against the "Perma- 
nent School Emergency or Call Fund," signed by the superin- 
tendent of public instruction and approved by the governor and 
attorney general. — 8. L. '11, p. 143 

Note. The attorney general holds that no moneys can be used from 
above fund for building purposes. 

173. Moneys under act congress — apportionment. That all 
moneys to which the various counties of the state of Colorado are 
now or may hereafter become entitled under the act of congress 
of May 23, 1908, or other acts, in which counties a forest reserve, 
or any portion thereof is situated, shall at the beginning of each 
fiscal year and every six months thereafter be awarded and appor- 
tioned through the proper state officials of this state to such 
counties in proportion to the area of the forest reserve in each 



108 ANNOTATED SCHOOL LAWS 

county; and such apportionment of said funds shall be deter- 
mined by the state auditor, and the state auditor is authorized 
and directed to draw warrants upon the state treasurer in favor 
of the county treasurer of each county for the amount due each 
county under the apportionment and made direct to the county 
treasurers of said counties, and in accordance with the so-called 
agricultural appropriation act of congress, approved May 23, 
19*08, and the county commissioners of said county shall direct 
the said fund to be credited as follows, to-wit : Not less than 5 
per cent, of said sum shall be expended for either roads or school 
funds in the discretion of the board of county commissioners. — 
S. L. '09, p. 35 

NORMAL INSTITUTE FUND 

174. Applicant for teacher's certificate pay fee. Each appli- 
cant for a teacher's certificate at any regular county examination, 
and each successful applicant for a renewal or endorsement of a 
certificate, or for the issue of a like grade certificate, shall pay for 
the privilege of such examination, renewal, endorsement or issue 
of like grade certificate, a fee of one dollar, which shall be col- 
lected by the county superintendent of schools and forwarded, 
with his report of each examination, to the superintendent of 
public instruction. — R. S. 5992 

175. Fees turned into state treasury constitute normal insti- 
tute fund. All fees thus collected and remitted to the superin- 
tendent of public instruction shall be turned over to the state 
treasurer and shall constitute a state normal institute fund. — 
7?. /Sf. 5993 

176. Apportionment of normal institute fund. At the time 
of apportioning the state school fund in July of each year the 
superintendent of public instruction shall apportion a state 
normal institute fund equally among the normal institute districts 
of the state, and the sum accredited to each normal institute 
district shall be transmitted to the custodian of the normal insti- 
tute fund thereof in the same manner as each county's apportion- 
ment of the state school fund is now transmitted to the county 
treasurer ; and each district 's apportionment of the state normal 
institute fund shall be applied and expended in the same manner 
and for the same purposes as the fund of each normal institute 
district has heretofore been applied and expended. — it. 8. 5892 



STATE OF COLORADO 109 

PENAL FUND 

177. What fines paid to school fund — accounts — collector 
failing to pay — penalty — duty of superintendent. All fines, pen- 
alties and forfeitures provided by this act may be recovered by 
action of debt, in the name of the people of the state of Colorado, 
for the use of the proper school district or county, and shall, when 
they accrue, belong to the respective districts or counties in which 
the same may have been incurred ; and the county treasurers, for 
their counties, are hereby authorized to receive and cause to be 
placed to the proper credit such forfeitures. Except as otherwise 
provided by law, all sums of money derived from fines imposed 
for violation of orders of injunction, mandamus and other like 
writs, or for contempt of court, shall be paid into the school fund 
of the county wherein the contempt of such violation was com- 
mitted; and the clear proceeds of all fines collected within the 
several counties of the state for breach of the penal laws, and all 
funds arising from the sale of lost goods and estrays shall be paid 
over in cash by the person collecting the same, within twenty 
days after the collection, to the county treasurer of the county in 
which the same have accrued, and shall be by him credited to the 
general county school fund. He shall indicate in such entry the 
source from which such money was derived. Any officer or per- 
son collecting or receiving any such fines, forfeitures or other 
moneys, and refusing and [or] failing to pay over the same, as 
required by law, shall forfeit double the amount so withheld and 
interest thereon at the rate of five per cent, per month during the 
time of so withholding the same ; and it shall be a special duty of 
the county superintendent of schools to supervise and see that the 
provisions of this section are fully complied with, and report 
thereupon to the county commissioners semi-annually or oftener, 
if required by them. — R. S. 5897 

Note. The "act" above referred to means original "school act." 
Note. County treasurer make report of fund, section 151. 
Note. Justice report fines, section 150. 

FUNDS NOT LOANED OR INVESTED 

178. Officer not convert or use funds. If any officer 
appointed or elected by virtue of the constitution of this state, or 
any law thereof, as an officer, agent or servant of an incorporated 
city, town, municipal township, school district, or county, or other 
subdivision of this state, shall convert to his own use in any way 
whatever, or shall use, by way of investment in any kind of prop- 



110 ANNOTATED SCHOOL LAWS 

erty or merchandise, or shall make way with or secrete any por- 
tion of the public funds or moneys, or any valuable securities by 
him received for safe-keeping, disbursement, transfer, or for any 
other purpose, or which may be in his possession, or over which 
he may have the supervision, care or control, by virtue of his 
office, agency or service, or under color or pretense thereof, every 
such officer, agent or servant shall, upon conviction, be punished 
by imprisonment not less than five years. — R. S. 1821 

179. Officer not loan funds. No such officer, agent or 
servant shall loan out, with or without interest, any money or 
valuable security received by him, or which may be in his posses- 
sion or keeping, or care or control, by virtue of his office, agency 
or service, or under color or pretense thereof, and any such 
officer, agent or servant, so loaning such money or valuable secur- 
ity, on conviction thereof, shall be punished by imprisonment in 
the penitentiary not less than one year, or by a fine not less than 
five hundred dollars.— i?. S. 1822 

180. No benefit from deposit of funds. If any such officer, 
agent or servant shall make any contract or agreement with any 
person or persons, bodies or body corporate, or other association, 
by which such officer, agent or servant is to derive any benefit or 
advantage, directly or indirectly, from the deposit with such 
person or persons, body or bodies corporate, or other association, 
of any moneys or valuable securities held by such officers, agents 
or servants, by virtue of his office, agency or employment, such 
contract shall, as to such officer, agent or servant, be utterly null 
and void ; but the person or persons, body or bodies corporate, or 
other association, shall be liable to the county, city, town, town- 
ship or school district where funds are deposited, in an action for 
the recovery of all such benefits or advantage as would, by the 
terms of such contracts or agreement, have accrued to such officer, 
agent or servant; and payment to the officer, agent or servant 
shall not protect the person or persons, body or bodies corporate, 
or other association, against an action of recovery brought by the 
county, city, town, township or school district whose funds are so 
deposited.— 72. B. 1823 

181. Penalty. Any such officer, agent or servant who shall 
make any such contract or agreement as described in the last 
section of this act, or who shall receive any benefit or advantage, 
directly or indirectly, from the deposit of any money or valuable 
security held by him as such officer, agent or servant, or over 



STATE OP COLORADO 111 

which he has control, care or supervision, by virtue of his office, 
agency or service, shall, upon conviction thereof, be punished by 
imprisonment in the penitentiary not less than one year or by fine 
not less than five hundred dollars. — R. 8. 1824 

182. Permanent funds from sale of school lands — how 
invested. Permanent funds arising from the sale of the school 
lands of the state of Colorado remaining uninvested may be 
loaned out by the treasurer of the state of Colorado at the direc- 
tion of the state board of land commissioners to the state military 
board "provided the total loans so made shall at no time exceed 
the military poll-tax collected in the preceding biennial period," 
for the purpose of purchasing or acquiring lands, buildings, tene- 
ments and appurtenances, or erecting buildings, necessary for use 
as armories for the organized militia of the state of Colorado ; 
such necessity for the acquiring of said lands, buildings, tene- 
ments and appurtenances or erection of buildings for use as 
armories for the organized militia of the state of Colorado shall 
be determined by the state board of land commissioners and said 
state military board. 

Said loans may be directed by said state board of land com- 
missioners in such .amount or amounts, and upon such terms as to 
payment and rate of interest thereon, not exceeding five per 
centum per annum, as may be mutually determined by said board 
of land commissioners and said state military board, and shall be 
secured by mortgage or deed of trust upon said lands, buildings, 
tenements and appurtenances so acquired or erected for armories, 
which said lands, buildings, tenements and appurtenances shall 
be free and clear of liens and incumbrances, save and except the 
loans made to it out of the said permanent fund as herein pro- 
vided.— /Sf. L. ^ii, p. 599 

183. Permanent fund reimbursed from military poll-tax fund. 
The permanent fund arising from the sale of school lands of the 
state of Colorado shall be reimbursed by the military board from 
the military poll-tax fund at a rate of not less than ten thousand 
dollars per annum. — 8. L. '11, p. 600 



112 ANNOTATED SCHOOL LAWS 



HAZING 



184. Hazing unlawful. It shall be unlawful for any person 
to engage in any of these practices commonly called "Hazing" or 
in any acts of torturing, tormenting, or in any way maltreating 
a fellow inmate, employe or student. — R. S. 1661 

185. Punishment for hazing. Any person found guilty of 
the violation of the provisions of the first section of this act shall 
be deemed guilty of a misdemeanor and shall upon conviction be 
fined not less than five nor more than fifty dollars. — R. S. 1662 

186. Punishment for hazing in educational institutions. 
Any officer, teacher, or student connected with any of the state 
institutions of this state who shall be found guilty of violating the 
provisions of this act, shall, if a teacher or employe, be dismissed 
from the further service of such state institution, and if a student, 
his conviction shall work expulsion from the state institution he 
may be attending, in perpetuum. — R. 8. 1663 

187. Hazing — jurisdiction of justice of the peace. Any jus- 
tice of the peace of the county wherein any of the offenses herein 
described may be committed shall have jurisdiction of complaints 
coming within the provisions of this act. — R. S. 1664 



STATE OF COLORADO 113 



GARNISHMENTS 



188. School districts subject to garnishment. That all 
counties, school districts and municipal corporations shall be 
subject to garnishment upon writs of attachment and execution 
in the same manner that private corporations and persons are 
now, or may hereafter be subject to garnishment under such 
writs.— fi'. L. '11, p. 445 

189. Provisions apply to all salaries, wages, etc. That it is 
hereby declared that no provision of this act is contrary to public 
policy, and that the provisions of this act are meant to apply to 
all salaries, wages, credits, moneys and all choses in action, 
whether the collection of the same might be enforced by any 
action in court, by the writ of mandamus, or in any manner what- 
soever. — S: L. '11, p. 445 

Note. School districts subject to garnishment, see garnishments, 
section 188 herein. 



114 ANNOTATED SCHOOL LAWS 



HIGH SCHOOLS 



COUNTY HIGH SCHOOLS 

190. Counties classified. For the purposes of this act the 
several counties of this states shall be classified with reference to 
population and divided into five classes as provided by sections 
2565, 2566 and 2567 of the revised statutes of Colorado, 1908, as 
follows : 

The city and county of Denver, unless otherwise provided in 
the charter thereof, shall be first class ; El Paso, Teller and Pueblo 
counties shall be second class; Boulder, Fremont, Lake, Pitkin, 
Las Animas and Weld counties shall be third class; Adams, 
Arapahoe, Chaffee, Clear Creek, Conejos, Costilla, Delta, Douglas, 
Eagle, Garfield, Gilpin, Gunnison, Huerfano, Larimer, La Plata, 
Logan, Mesa, Montrose, Morgan, Ouray, Otero, Park, Prowers, 
Jefferson, Rio Grande, Routt, Saguache, San Miguel and San Juan 
counties shall be fourth class; Archuleta, Baca, Bent, Cheyenne, 
Custer, Dolores, Elbert, Grand, Hinsdale, Kiowa, Kit Carson, 
Lincoln, Montezuma, Mineral, Phillips, Rio Blanco, Sedgwick, 
Summit, Washington and Yuma counties shall be fifth class. The 
counties of the fourth class shall be divided into two divisions, 
known as "A" and ''B." 

The counties comprising division "A" shall be Adams, Arap- 
ahoe, Chaffee, Clear Creek, Conejos, Douglas, Garfield, Gilpin, 
Gunnison, Huerfano, Jefferson, Larimer, La Plata, Mesa, Otero, 
Ouray and San Miguel; and the counties comprising division "B" 
shall be Costilla, Delta, Routt, Eagle, Logan, Montrose, Morgan, 
Park, Prowers, Rio Grande, Saguache and San Juan. — 8. L. '09, 
p. 397 

191. Petition for organization — county superintendents — 
submission to voters. On the petition of fifty voters having the 
qualifications hereinafter prescribed, of any county of the second, 
third, fourth or fifth class, the county superintendent of public 
schools of such county shall give notice not less than twenty days 
before any regular meeting now or which may hereafter be pro- 
vided by law, for electing members of school boards in the 
respective districts of the state, that the question of organizing 
the county into one high school district for high school purposes, 



STATE OF COLORADO 115 

will be submitted to the qualified voters of the respective school 
districts in the county, at such meeting. Qualified voters of a 
joint school district who may reside in any county proposing to 
organize as aforesaid, shall be entitled to vote at said meeting. — 
8. L. '09, p. 398 

Note. For different kinds of public schools and how maintained, see 
note 1, section 238. 

High schools — kinds 
Note. There are three kinds of high schools authorized by the laws 
of this state — county high schools, union high schools, and district high 
schools — and each is entirely separate and distinct from the others. While 
county and union high schools may be composed of all class districts, a 
district high school can be maintained only in a first or second class dis- 
trict, although there is no law to prevent a third class district from adding 
certain of the so-called high school branches. Section 206 provides that no 
district shall be taxed for more than one kind of high school without its 
consent. When a county high school is being organized, districts with a 
high school, or in a union high school district, may vote against the county 
high school. If a majority vote against such organization, such district 
shall be excluded from the county high school district. 

County high schools — how maintained 

Note. County high schools are maintained by their quota of the 
general school fund and from a tax levy, not to exceed four mills, made by 
the county commissioners and collected as other taxes. 

192. Election notices posted twenty days — contents. The 

county superintendent shall cause to be posted in the manner 
hereinafter prescribed, notices in each school district in the 
county, that such petition has been made and that at the next 
regular meeting for electing members of school boards, the ques- 
tion of organizing the county into one high school district for 
high school purposes, will be submitted to the qualified voters of 
the district. The secretary of each school board shall, under the 
direction of the county superintendent, cause written or printed 
notices to be posted in his district, specifying the purpose, the 
day and the place or places of such election, and the time during 
which the ballot box or boxes shall be kept open, not less, how- 
ever, than three hours. The time and place specified in such 
notice shall be the same time and place at which the regular 
election of members of the school board shall be held. Said 
notices shall be posted in at least three public places in the dis- 
trict, one of which shall be the school house, if there be one, at 
least twenty days previous to the time of such election. — S. L. '09, 
p. 398 



116 ANNOTATED SCHOOL LAWS 

193. Who may vote — form of ballot — judges. Every legally 

qualified elector of his district entitled to vote for members of 
school boards, and none other, shall be entitled to vote at such 
meeting upon such question of organization. After the organiza- 
tion of the meeting for the election of members of the school 
board, the qualified electors shall proceed to vote by ballot on the 
question whether or not the proposed high school district for high 
school purposes, shall be organized. Those in favor of organiza- 
tion shall vote "For the organization," and those opposed, 
"Against the organization." The ballots upon the question of 
organization shall be deposited by the voters in a separate ballot 
box to be provided by each school district for said purpose. The 
president, secretary and treasurer of the district school board 
shall act as judges of the election and should any of the judges 
be absent at the opening of the polls, the electors present shall 
appoint a legal voter to fill the vacancy. — 8. L. '09, p. 398 

194. Canvass — certificates sent county superintendent. 
Immediately after the closing of the polls the judges shall open 
the ballot box and proceed to count the votes polled, and the 
counting thereof shall be commenced and continued until finished 
before the judges shall adjourn. As soon as all the ballots shall 
have been counted, the judges shall make out a certificate under 
their hands certifying the whole number of votes cast upon the 
question of organization and the number of votes cast for organi- 
zation and the number of votes cast against organization. Said 
certificate, together with the ballots cast upon the question, shall 
then be enclosed and sealed up under suitable cover, and directed 
to the county superintendent of the county in which such election 
is held, and the packet thus sealed shall be sent by registered 
letter, where practicable, otherwise it shall be conveyed by one 
of the ju.dges of the election, to be determined by lot if they can- 
not agree otherwise, within three days after the closing of the 
polls.— ;Sf. L. '09, p. 399 

195. County superintendent announce result — call directors 
— elect committee. On the tenth day after the close of the elec- 
tion, or sooner if all the returns be received, the county superin- 
tendent of the county shall proceed to open the said returns and 
determine the result of the election therefrom. Said county 
superintendent shall make and permanently preserve in his office 
a record of the total number of votes cast upon the said question 
of organization, and the number of votes cast for organization 
and against organization. If it shall appear from such record 



STATE OP COLORADO 117 

that the majority of the votes cast on the question of organizing 
the county into one high school district for high school purposes, 
shall be in favor of such organization, the county superintendent 
of public schools of such county, shall by notification by mail and 
by publication where practicable, call a meeting of the directors 
of the respective districts of said county, which meeting shall be 
held at the office of said county superintendent not later than 
thirty days after the election herein provided for. Such meeting 
shall be organized by the election of a temporary chairman and 
secretary, and the directors present shall then proceed to elect by 
ballot from among the members of said boards of directors, four 
persons, who with the county superintendent of public schools as 
an ex officio member, shall be known as the high school committee. 
No two members of any board of directors shall at the same time 
be members of the high school committee, except in counties 
where there are less than four districts. Immediately after its 
election as aforesaid, the committee shall select from its members 
a president and a treasurer. The county superintendent of schools 
shall be ex officio the secretary of the committee. — S. L.-'09, p. 399 

196. Term of members of high school committee — vacancy — 
how filled. The term of office of each member of the high school 
committee shall expire simultaneously with the expiration of his 
term of office as a director of the school district wherein he 
resides, and the vacancy thus created shall be filled by the direct- 
ors of the various school districts of the county, at a meeting held 
at the office of the county superintendent not later than thirty 
days after the occurrence of the vacancy. The secretary of the 
committee shall give each director at least ten days' notice by 
mail of the holding of such meeting. All vacancies caused in any 
other manner than by expiration of term of office shall be filled 
by appointment by the county superintendent of public schools. — 
8. L. '09, p. 400 

197. Meetings of committee — regular — special. The regular 
meetings of the high school committee shall be held on the first 
Saturday of March, June, September and December in each year, 
and special meetings may be held upon call of the president or 
secretary of the committee or upon request of any two members 
thereof.— >Sf. L. '09, p. 400 

198. High school district a body corporate. Each regularly 
organized high school district heretofore formed, or that may be 
formed, as provided in this act, is hereby declared to be a body 



118 ANNOTATED SCHOOL LAWS 

corporate, by the name and style of " county 

high school district in the state of Colorado," and in that name 
may hold property and be a party to suits and contracts, the same 
as municipal corporations in this state.— ^. L. ^09, p. 400 

199. May hold real estate. It shall be lawful for any high 
school district in this state to take and hold, under the provisions 
of any law now or hereafter in force providing for the exercise 
of the right of eminent domain, so much real estate as may be 
necessary for the location and construction of a high school build- 
ing or buildings and convenient use of the high school. — S. L. ^09, 
p. 401 

200. Powers and duties of committee. Every high school 
committee, unless otherwise provided by law, shall have the 
power, and it shall be their duty : 

First — To employ or discharge teachers, mechanics and 
laborers, to fix and order paid their wages, and to determine the 
rate of tuition for non-resident pupils. 

Second — To enforce the rules and general regulations of the 
state superintendent, to fix the course of study, the exercises and 
kind of text books to be used ; Provided, That but one kind of text 
book of the same grade or branch of study shall be used in the 
same department of a high school, and that after the adoption of 
any book, it shall not be changed in less than four years, unless 
the price thereof shall be unwarrantably advanced, or the 
mechanical quality lowered, or the supply stopped. 

Third — To provide for school furniture, and for everything 
needed in the high school building, or for the use of the high 
school committee. 

Fourth — To rent, repair and insure high school buildings. 

Fifth — To build or remove high school buildings, and to pur- 
chase or sell school lots when directed by a vote of the high school 
district so to do. 

Sixth — To hold in trust for their high school district all real 
or personal property for the benefit of the high school thereof. 

Seventh — To suspend or expel pupils from the high school 
who refuse to obey the rules thereof. 

Eighth — To determine the number of teachers that shall be 
employed and the length of time in each year during which the 
high school shall be kept, and to fix the time for the opening or 
closing of the high school. 



STATE OP COLORADO 119 

Ninth — To provide books for indigent children on the written 
statement of the teachers that the parents of such children are not 
able to purchase them, and to furnish free text books for the use 
of all pupils, when authorized to do so by a majority vote of the 
high school district, as expressed at any regular or special meet- 
ing. 

Tenth — To require all pupils to be furnished with the proper 
and suitable books as a condition of membership in the high 
school. 

Eleventh — To exclude from the high school and its libraries 
all books, tracts, papers and other publications of an immoral or 
pernicious tendency. 

Twelfth — To require teachers to conform to the law. 

Thirteenth — To make an annual report, as required by law, 
to the county superintendent, on or before the first day of August 
of each year, in the manner and form and on the blanks prescribed 
and furnished by the superintendent of public instruction. 

Fourteenth — To make a report directly to the state superin- 
tendent whenever instructed by him so to do. 

Fifteenth — Whenever a pupil resident in one high school dis- 
trict desires to attend the high school in another high school 
district, such pupil shall be permitted to do so; Provided, That 
the high school committee may refuse to admit pupils from other 
high school districts upon the ground of insufficient room. — 8. L. 
'09, p. 401 

201. Powers and duties of president. The president, when 
present, shall preside at all meetings of the high school committee 
and of the high school district; shall sign all orders on the county 
treasurer for the payment of money ; Provided, however, That no 
orders shall be drawn upon the county treasurer except in favor 
of parties to whom the high school district has become lawfully 
indebted. He shall appear in behalf of his high school district in 
all suits brought by or against the same, but when he is individu- 
ally interested this duty shall be performed by the secretary, and 
in the absence of the president the secretary shall preside at the 
committee and district meetings. — S*. L. '09, p. 402 

202. Powers and duties of secretary. The secretary shall 
keep an accurate account of the expenses incurred by the high 
school district, and shall present the same to the committee when- 
ever called upon. He shall give the required notice of all regular 
and special meetings as herein authorized. He shall keep the 



120 ANNOTATED SCHOOL LAWS 

same records and make the same reports as are now or may here- 
after be required by law to be kept and made by secretaries of 
public school districts. — 8. L. '09, p. 402 

203. Powers and duties of treasurer. The treasurer shall 
countersign all warrants drawn by the president and secretary 
on the county treasurer, in favor of parties to whom the high 
school district has become lawfully indebted, and keep an account 
of the same. He shall take charge of all moneys received by him 
on account of the high school district from the county treasurer, 
as now provided by law, and pay out the same as by law pro- 
vided. He shall render a statement of the finances of the district, 
as shown by the records of his office, at the close of each school 
year and at any other time when required by the committee. The 
treasurer shall perform such additional and be subjected to such 
additional obligations as are now or may hereafter be imposed 
by law upon the treasurers of public school districts. — S. L. ^09, 
p. 403 

204. Powers and duties same, directors first and second 
classes. Each high school district heretofore formed or that may 
be formed, as provided in this act, shall exercise all the powers 
and perform all the duties that are at the time of the adoption 
of this act accorded to and required of directors of first and 
second class districts throughout the state; Provided, That the 
amount of tax certified to the county commissioners for the main- 
tenance of the high school- in any high school district, shall in no 
case exceed four mills on the dollar, of the assessed valuation of 
the high school district.— ;8'. L. '09, p. 403 

205. Tax levied by county commissioners — collected and 
paid out by county treasurer on warrant president and secretary. 

The county commissioners of any county wherein is a high school 
district heretofore organized according to law, or where any high 
school district is organized under the provisions of this act, or 
heretofore organized as a union high school at any county seat, 
under section 5956 of the Revised Statutes of Colorado of 1908, 
shall levy annually, at the time of levying taxes for other pur- 
poses, a high school tax on all the taxable property of the county, 
said tax not to exceed four mills on the dollar of the assessed 
valuation. The high school tax shall be assessed and collected 
in the same manner as other taxes are assessed and collected and 
shall be paid out by the county treasurer on warrant drawn by 



STATE OP COLORADO 121 

the president and secretary of the high school committee and 
countersigned by the treasurer thereof. — ;S^. L. ^09, p. 403 

206. High school districts subject to provisions of this act. 
All high school districts organized and now existing under the 
provisions of chapter 100 of the Session Laws of Colorado, 1899, 
being "An act to provide for the establishment and support of 
high schools in counties of the fourth and fifth classes," approved 
April 8th, 1899, or under chapter 219 of the Session Laws of 
Colorado, 1907, being "An act to amend an act entitled an act to 
provide for the establishment and support of high schools in 
counties of the fourth and fifth classes," approved April 9th, 
1907, are hereby declared to be duly organized high school dis- 
tricts under the provisions of this act, and entitled to enjoy all 
the privileges and exercise all the powers conferred by this act, 
and shall hereafter be subject to the provisions of this act; Pro- 
vided, That no school district in any county shall be taxed with- 
out its consent for the support of more than one class or kind of 
high school, the establishment of which is authorized by law; and 
in voting on the organization of a county high school district 
under the provisions of this act, any school district then maintain- 
ing a high school or any school districts then organized into a 
union high school district and maintaining therein a union high 
school may by voting against the organization of a county high 
school district be excluded from such county high school district ; 
but if any school district maintaining a high school or districts 
maintaining a union high school shall, under the provisions of this 
section, vote against the organization of a county high school 
district, the ballots cast in such district or districts shall be con- 
sidered only upon the question of exclusion and shall not be 
considered in determining the final result upon the question of 
organizing a county high school district. And providing, further, 
That any school district maintaining a high school, or any dis- 
tricts organized into a union high school district and maintaining 
therein a union high school, may abandon such high school organ- 
ization and organize under the provisions of this act. — S. L. '09, 
p. 407. 

UNION HIGH SCHOOLS 

207. Union high school — how established. Whenever the 
school boards of two or more contiguous school districts shall 
each deem it advisable to establish a union high school, the county 
superintendent shall, at the request of two of the secretaries of 



122 ANNOTATED SCHOOL LAWS 

the boards, call a meeting of the boards interested by giving per- 
sonal notice to each member, which meeting shall elect by ballot 
from among the members of said boards, if a majority of the 
members of each board are present, a committee of three, to be 
known as the high school committee of such union school. The 
county superintendent shall be, ex officio, an additional member 
of said committee, and shall preside at the meetings thereof. 
There shall be elected a secretary of such committee, and if need 
be a treasurer. In any case in which the county seat of any 
county shall be all included in one school district the board of 
such school district shall have the same powers of establishing 
and organizing a high school as are hereby given to the boards of 
two or more contiguous school districts, and in such case the high 
school committee shall be the board of such school district, or 
such three members as they may select. High schools formed 
under the provisions of this section shall be open to children from 
all districts of the county in which they are so formed, provided, 
such children are qualified, as hereinafter provided. — B. S. 5956 

The Board of County Commissioners of any county where a 
Union High School has been organized at any county seat by the 
Board of the school district at such county seat, under Section 
5956 of the Kevised Statutes of Colorado of 1908, shall not levy a 
levy on the taxable property of such county outside of the High 
School district at such county seat, for the support of any such 
High School, and such High School shall not be open to children 
from districts of the county outside of such High School district 
at such county seat, except upon payment of such tuition as is 
or may be provided by law. 

Nothing herein, however, shall be held to prevent the levying 
of a tax upon the taxable property of the district where such 
High School is located, for the support thereof; nor to prevent 
the levying of a tax for the support of a High School organized 
in any other manner provided by law.^ — S. L. '15 

Note. Union high schools in counties of fourth and fifth classes, 
section 214. 

Note. For different kinds of public schools see note 1, section 238, 
herein. 

Union high schools — l<inds 

Note. The union high schools authorized by the laws of this state 
may be conveniently classified under three general headings, according to 
the method provided for maintaining them: 

1. Those organized under section 207 herein from two or more con- 
tiguous districts of any class in any class counties, which are maintained 



STATE OF COLORADO 123 

by their quota from the general fund; and a deficit, if any, is made up 
from the several district funds, in proportion to the number of pupils 
attending from each. 

2. Those organized under section 207 herein at any county seat, 
where the entire town or city is included in one district, which are main- 
tained by their quota from the general fund and from a tax, not to exceed 
four mills, levied by the county commissioners. 

3. Those organized under section 214 herein in counties of the fourth 
and fifth classes of districts lying adjacent to incorporated towns or cities, 
and of districts afterward added thereto, which are maintained by a tax, 
of not less than one nor more than three mills, levied by the county com- 
missioners — the school building to be furnished by the incorporated town 
or city. 

208. High school committee — term — vacancies. The mem- 
bers of said high school committee shall hold the office for and 
during the term they are members of their respective boards. 
Any vacancies in said .committee, other than such as are caused 
by the expiration of the term of office, shall be filled by the school 
board of which the person so vacating was a member. The secre- 
tary shall be elected annually, and may receive such compensation 
as the committee shall deem proper to allow. — R. 8. 5961 

Note. Committee on high schools in counties of fourth and fifth 
classes, section 218. 

209. High school committees — meetings. The regular meet- 
ings of the high school committee shall be held on the first Satur- 
day of March, June, September and December of each year, and 
special meetings may be held at any time upon the call of the 
county superintendent, or of two members of the committee. — 
R. S. 5963 

210. Powers of committee. Said committee shall exercise 
all the powers and perform all the duties, with reference to said 
high school, that are accorded to and required of school boards 
throughout the state, as provided in section fifty of this act, and 
shall have power to establish and prescribe the qualifications and 
manner of examination for admittance to the high school. — R. 8. 
5964 

Note. Section 50 above referred to is section 124 herein. 

211. How maintained — proportion of school fund — deficit. 

After the first establishment of such a high school, it shall be 
maintained until the then next regular apportionment of the 
county school fund, as follows : Each district which shall have 
any children attending such high school shall draw from its school 
fund, and cause to be placed to the credit of [the] high school 
fund, such part of the whole expenses as shall be proportioned to 



124 ANNOTATED SCHOOL LAWS 

the number of pupils attendant at such high school from such 
district, provided, it is with the approval of the directors of said 
district. After the first year, or part of a year, so as above pro- 
vided for, the said high school shall, so far as practicable, be 
rated as a separate district. It shall be entitled to draw from 
the general, state and county funds its quota for attendance, as 
provided by section seventy-two of this act, and the deficit shall 
be made up from the several district funds in proportion to [the] 
number of pupils from each district who attended said high school 
during the then past year. — R. S. 5966 

Note. Section 72 referred to in this section is section 100. 

Note. For different kinds of union high schools and how maintained, 
see note 1, section 207. 

Note. For different kinds of public schools and how maintained, see 
note 1, section 238. 

212. Forty weeks annually — who may be admitted. The 

high school may be maintained during forty weeks in each year, 
and shall be free to all children in the county who are qualified 
for admission, according to the requirements prescribed by the 
committee, and all children in the county who are so qualified, 
and who can pass the examination prescribed by the committee 
shall be entitled as of right to attend said high school. — R. S. 5969 

213. . Every district contributing- have voice in election. 
Every district in the county which contributes to the support and 
patronage of said high school shall, by its board of directors, be 
entitled to a voice in the election of members of the committee. 
—R. S. 5971 

UNION HIGH SCHOOLS IN COUNTIES OF FOURTH AND FIFTH 

CLASSES 

214. Organization. In all counties of the fourth and fifth 
classes, all school districts lying adjacent to an incorporated town 
or city may be organized into a union high school district. — 
R. S. 5972 

215. How supported — annual levy— building. The county 
commissioners of each of said counties are required to levy a tax 
of not less than one or more than three mills upon all taxable 
property in such high school districts when the same shall have 
been organized, for the support of such school. Such levy shall 
be made annually after the organization of the said district shall 
have been made, at the same time that other taxes are levied. 

It shall be the duty of the school district in which such school 
or incorporated town is incorporated to provide, at its own ex- 



STATE OF COLORADO 125 

pense, a suitable building for the use of such union high school. 
—R. 8. 5973 

Note. For different kinds of union high schools and how maintained, 
see note 1, section 207. For different kinds of puhlic schools and how 
maintained, see note 1, section 238. 

216. Addition — outlying district. Any outlying school dis- 
trict not contiguous to such city or incorporated town may, by a 
majority vote of the duly qualified electors of such district, be 
added to any such union high school district within the county ; 
and where it is more convenient for the pupil of any school dis- 
trict to attend school in a union high school of another county, 
such district may be attached, by such vote, to the union high 
school district of an adjacent county. — R. S. 5974 

217. No conflict. The organization of these union high 
school districts shall not affect the organization nor the levy of 
the regularly organized districts. — R. S. 5975 

218. School board — how constituted — election. The county 
superintendent shall, on or before the first day of May, 1903, ap- 
point one member from each of the adjoining or outlying districts 
composing such union high school districts who shall, together 
with the members of the regularly organized district in which the 
building is located, constitute the school board of such union high 
school district. Each following year the members of the school 
board shall be elected at the regular annual meeting of the several 
districts.— i2. 8. 5976 

219. Qualifications to enter — course of study. The qualifi- 
cations necessary to enter such union high school shall be a 
diploma from the county superintendent upon completion of the 
eighth grade work, or a certificate issued upon grades in lieu of 
the eighth grade work. The county superintendents of the several 
counties shall, at their first annual state meeting, appoint a com- 
mittee of five, who shall formulate a course of study for such 
union high schools, such course to be uniform in all the grades. — 
R. 8. 5977 

DISTRICT HIGH SCHOOLS 

220. Board in first or second class districts may establish 
high school. The school board of districts of the first and second 
classes shall have the power to establish a separate high school 
whenever they shall deem it expedient or necessary and shall 
have power to determine the qualifications for admission to such 
school, and shall exercise all the powers with reference to such 



126 ANNOTATED SCHOOL LAWS 

high school which are accorded to them in relation to the schools 
oi' lower grade; Provided, That no school board shall build or 
lease any building especially for such high school, unless author- 
ized to do so by a vote of the district, as provided in section 
sixty-two of this act. — R. S. 5926 

Note. Section 62 above referred to is section 148. 

Note. For different kinds of high schools, see note 1, section 191. 
For different kinds of public schools and how maintained, see note 1, sec- 
tion 238. 



STATE OP COLORADO 127 



HOLIDAYS AND SCHOOL YEAR 



221. School year — month — week — day — national holidays. 

The school year shall begin on the first day of July and end on 
the thirtieth day of June. A school month shall be four weeks, 
a school week five days, and a school day shall not exceed six 
hours, excluding the time of intermission at noon. The term 
"national holiday," in this chapter, shall be construed to mean 
Thanksgiving day, Christmas day. New Year's day, "Washington's 
birthday, Decoration day, Labor day and the fourth day of July. 
—R. 8. 6013 

Holidays and semi-holidays 
Note. In addition to above holidays, the general election day, in 
November; Colorado day, first day of August; Columbus day, twelfth day 
of October, and Lincoln's birthday, although not specifically made a holi- 
day as to schools, are considered holidays so far as our public schools are 
concerned. Arbor day, the third Friday in April; Flag day, in June (pro- 
claimed by the governor), and Good Roads day, the second Friday in May, 
are designated as semi-holidays, to be observed by special exercises. 

ARBOR DAY 

222. Arbor day — third Friday in April — ^how to be observed. 

The third Friday in April of each year shall be set apart and 
known as "Arbor Day," to be observed by the people of this state 
in the planting of forest trees for the benefit and adornment of 
public and private grounds, places and ways, and in such other 
efforts and undertakings as shall be in harmony with the general 
character of the day so established; Provided, That the actual 
planting of trees may be done on the day designated, or at such 
other most convenient time as may best conform to local climatic 
conditions, such other time to be designated and due notice 
thereof given by the several county superintendents of schools 
for their respective counties. — R. S. 2942 

223. Holiday in schools — how observed. The day, as above 
designated, shall be a holiday in all public schools of the state, 
and school officers and teachers are required to have the schools 
under their respective charge observe the day by planting of trees 
or other appropriate exercises. — R. S. 2943 

224. Governor issue proclamation — superintendent of public 
instruction — county superintendents — ^report. Annually, at the 



128 ANNOTATED SCHOOL LAWS 

proper season, the governor shall issue a proclamation, calling the 
attention of the people to the provisions of this act and recom- 
mending and enjoining its due observance. The superintendent 
of public instruction and the respective county superintendents of 
schools, shall also promote, by all proper means, the observance 
of the day, and the said county superintendents of schools shall 
make annual reports to the state forest commissioner of the action 
taken in this behalf in their respective counties.- — R. S. 2944 

COLORADO DAY 

225. Colorado day — first day in August — commemoration of 
admission of state — public holiday. That the first day of August 
of the year 1907, and the first day of August of each and every 
year hereafter is herebj^ made a public holiday to be known as 
''Colorado Day," and such day is hereby set apart for a proper 
celebration by our people in commemoration of the admission of 
the state of Colorado into the union. — R. S. 2945 

226. When first day falls on Sunday — Monday following to 
be celebrated. That whenever the first day of August falls upon 
Sunday the following Monday is hereby designated as the day for 
celebrating such event. 

Provided, That this act shall not be construed to affect the 
making or execution of agreements or instruments in writing, or 
to interfere with judicial proceedings. — R. S. 2946 

COLUMBUS DAY 

227. Columbus day — twelfth day of October — legal holiday. 

The 12th day of October of the present year of our Lord, 1907, 
and the 12th day of October of each year thereafter is hereby 
declared a public holiday, to be known as ''Columbus Day," and 
the same shall be recognized, classed and treated as other legal 
holidays under the laws of this state; Provided, That this act 
shall not be construed to affect commercial paper, the making 
or execution of agreements or instruments in writing, or interfere 
with judicial proceedings. — R. S. 2948 

ELECTION DAY 

228. Election day in November. Election day in November 
of each year is hereby made a legal holiday.— i?. ^8'. 2949 

GOOD ROADS DAY 

229. Second Friday in May — ^holiday. That the second 
Friday in May of each year shall be set apart and known as Good 



STATE OP COLORADO 129 

Roads Day, to be observed by the people of this state in the dis- 
cussion of public highways and in the construction and repair 
of the same, for the benefit and advancement of good roads in 
the state of Colorado, and in such further efforts and under- 
takings as shall be in harmony with the general character of the 
day so established. — 8. L. '11, p. 446 

230. Public schools observe. In all public schools of the 
state, school officers and teachers are required to have the schools 
in their respective charge observe the day by teaching and edu- 
cating the children of the schools with respect to the benefits of 
good roads. — S. L. '11, p. 447 

231. Proclamation of governor. Annually at the proper 
season, the governor shall issue a proclamation calling the atten- 
tion of the people to the provisions of this act and recommending 
and enjoining its due observance. The state superintendent of 
public instruction and the respective county superintendents of 
schools shall also promote by all proper means the observance of 
the day, and the county superintendents of schools shall make 
annual reports to the state highway commissioner of the action in 
this behalf in their respective counties. — 8. L. '11, p. 447 



(5) 



130 ANNOTATED SCHOOL LAWS 



INTEREST 



232. Rate of interest on school orders and school warrants. 

County orders and warrants, town and city and school orders and 
warrants and other like evidences or certificates of municipal 
indebtedness shall bear interest at the rate of six per centum per 
annum from the date of presentation thereof for payment at the 
treasury where the same may be payable, until there is money 
in the treasury, for the payment thereof, except when otherwise 
specially provided by law, and every county treasurer, town 
treasurer and city treasurer to whom any such county, town, city 
or school order or warrant is presented for payment, and who 
shall not have on hand the funds to pay the same, shall endorse 
thereon the rate of interest said order or warrant will draw, and 
the date of such presentation, and subscribe such endorsement 
with his official signature; Provided, That all such orders and 
warrants may be made to bear a lower rate of interest than above 
specified, by special agreement between such counties, towns and 
cities issuing the same, and the person to whom such orders or 
warrants are issued. — R. 8. 3164 



STATE OF COLORADO 131 



KINDERGARTENS 



233. Free kindergartens may be established — cost. The 

school board of any school district in the state shall have power 
to establish and maintain free kindergartens in connection with 
the public schools of said district, for the instruction of children 
between three and six years of age, residing in said district, and 
shall establish such courses of training, study and discipline, and 
such rules and regulations governing such preparatory or kinder- 
garten schools as said board may deem best; Provided, That 
nothing in this act shall be construed to change the law relating 
to the taking of the census of the school population, or the appor- 
tionment of state and county school funds among the several 
counties and districts in this state; Provided, further, That the 
cost of establishing and maintaining such kindergartens shall be 
paid from the special school fund of said districts, and the said 
kindergartens shall be a part of the public school system and 
governed as far as practicable in the same manner and by the 
same officers as is now, or hereafter may be, provided by law for 
the government of the other public schools of the state ; Provided, 
further. That teachers of kindergarten schools shall have a 
diploma from some reputable kindergarten teachers' institute, or 
pass such examination on kindergarten work as the kindergarten 
department of the state normal school may direct. — R. S. 5927 



132 ANNOTATED SCHOOL LAWS 



NORMAL INSTITUTES 



234. Normal institutes — time and place — how determined. 

For the purpose of organizing and maintaining teachers' normal 
institutes, the state shall be divided into the following institate 
districts, viz. : The counties of Sedgwick, Phillips, Logan, Yuma, 
Washington and Morgan to constitute normal district No. one. 
The counties of "Weld, Larimer and Boulder to constitute noriaal 
district No. two. The county of Arapahoe to constitute normal 
district No. three. The counties of Gilpin, Clear Creek and Jef- 
ferson to constitute normal district No. four. The counties of 
Douglas, Elbert and El Paso to constitute normal district No. five. 
The counties of Kit Carson, Lincoln and Cheyenne to consti- 
tute normal district No. six. The counties of Fremont, Custer 
and Pueblo to constitute normal district No. seven. The counties 
of Kiowa, Otero, Bent, Prowers and Baca to constitute normal 
district No. eight. The counties of Huerfano and Las Animas to 
constitute normal district No. nine. The counties of Saguache, 
Costilla, Conejos and Rio Grande to constitute normal district 
No. ten. The counties of La Plata, Montezuma, Archuleta, 
Dolores and San Juan to constitute normal district No. eleven. 
The counties of San Miguel, Ouray, Hinsdale, Mesa, Delta, Mont- 
rose and Gunnison to constitute normal district No. twelve. The 
counties of Chaffee, Lake, Park, Pitkin, Eagle, Summit, Garfield, 
Routt, Rio Blanco and Grand to constitute normal district No. 
thirteen. Provided, That new counties formed within the limits 
of any institute district shall be a part of said district. A normal 
institute for the instruction of teachers and those desiring to 
teach may be held annually for a term of not less than two weeks 
in each normal district of the state. The county superintendents 
of each institute district shall annually select not more than three 
of their number as an executive committee, who, with the advice 
and consent of the superintendent of public instruction and the 
president of the state normal school, shall determine the time 
and place of holding such normal institute, and shall select a con- 
ductor and instructor for the same. To defray the expenses of 
said institute the executive committee shall require the payment 
of one dollar registration fee for each person attending the normal 
institute, and each county superintendent is hereby authorized 



STATE OP COLORADO 133 

to add five per cent, to the averaging standing in examination 
of teachers who shall attend the normal institute from his county. 
"When a normal institute of not less than two weeks is held in 
any institute district of the state the executive committee in 
charge shall certify to the boards of county commissioners of the 
several counties within the district the number and names of the 
persons attending said insti.tute from their respective counties, 
and it shall be the duty of the board of county commissioners of 
the county where such persons belong to appropriate the sum of 
two dollars for each person so certified. The funds arising from 
registration fees and appropriations of county commissioners shall 
be designated the ''normal institute fund," and some county 
treasurer, whom a majority of the county superintendents of the 
district shall designate, shall be the custodian of said fund. The 
executive committee shall, at the close of each institute, transmit 
to said custodian all funds received by it, as provided in this sec- 
tion, together with the name of each person paying a registration 
fee. The executive committee shall also report to the several 
boards of county commissioners in the district, the name and 
address of the custodian of the "normal institute fund." On the 
receipt of such notice the several boards of county commissioners 
shall issue warrants for the appropriations provided in this 
section, payable to said custodian. It shall be the duty of the 
superintendent of public instruction, annually, when the execu- 
tive committee of any normal institute district shall certify that 
not less than twenty persons have paid the registration fee, and 
have received instructions during the session of the institute, 
to certify the same to the auditor of state, who shall forward to 
the custodian of the "normal institute fund" of such district a 
warrant on the state treasurer for the sum of fifty dollars, to be 
paid out of any money appropriated for that purpose. All dis- 
bursements of the "normal institute fund" shall be upon the 
order of the executive committee, and no order shall be drawn on 
said fund except for claims approved by said committee for serv- 
ices rendered and expenses incurred in connection with the 
normal institute. It shall be unlawful to pay any one from the 
institute fund for services as conductor or instructor for such 
institute, who does not hold a certificate or qualification for 
such work, issued by the state board of education, upon the 
recommendation of the state board of examiners ; Provided, That 
a member of the state normal school faculty shall be ex officio 
a conductor of normal institutes. — R. S. 5996 



134 ANNOTATED SCHOOL LAWS 

Note. Mineral county made a part of normal institute district No. 10 
(R. S. 5997) ; Teller county made a part of the fifth normal institute 
district (R. S. 5998) ; Arapahoe and Adams counties, with the city and 
county of Denver, constitute normal institute district No. 3 (R. S. 132 and 
5999) ; Jackson county attached to the second normal institute district 
(S. L. '09, p. 436) ; Crowley county made a part of the eighth normal 
district (S. L. '11, p. 222). 



STATE OF COLORADO 135 



PUBLIC CONTRACTS 



235. Officer not interested in contract. Whenever any 
officer of this state or of any county, city, town or school district 
therein, shall be charged with the duty of making any contract 
for or on behalf of this state, or of any county, city, town or 
school district therein shall be obliged to pay any sum of money 
to any person whomsoever, and whenever any such officer, as a 
member of any board of auditors, commissioners or directors, or 
otherwise, shall have any vote or voice in awarding any such 
contract, it shall not be lawful for any such officer to become in 
any manner bound for the fulfillment of such contract, or to take 
or receive any part or portion of the money specified in such 
contract, or to be in any way, manner or degree, interested in 
such contract, excepting in his official representative capacity. — 
7?. 8. 4994 

236. Penalty. Whosoever shall offend against the provisions 
of this act shall be imprisoned not exceeding six months, and fined 
not exceeding $2,000, and shall be removed from office. — R. 8. 
4995 

237. Officers dealing in warrants. It shall be unlawful for 
any county, city, town or school district officer in this state to 
buy, purchase, trade in or acquire, either directly or indirectly, 
any county, city, town or school district warrant or any other 
evidences of county, city, town or school district indebtedness of 
the county of which he is such officer at the time. Any violation 
of the provisions of this act shall be adjudged a misdemeanor and 
punished in the discretion of the court by a fine not exceeding 
five hundred dollars, or imprisonment in the county jail for a 
period of not more than thirty days. — R. S. 1820 



136 ANNOTATED SCHOOL LAWS 



PUBLIC SCHOOLS 



238. Public school deiined. A public school is hereby de- 
fined to be a school that derives its support entirely, or in part, 
from money raised by a general state, county or district tax. — 
R. 8. 6008 

Public schools — kinds 

Note. The public schools of this state consist of the elementary 
schools and the high schools. 

Elementary schools include (a) kindergarten schools and (b) the 
first eight grades of the public schools. 

(a) Kindergarten schools are supported by moneys from the special 
fund of the respective districts establishing them; but their establishment, 
like district high schools, are optional with the different districts, and, 
when established, are free to all children between the ages of three and 
six years residing within such district. 

(b) The first eight grades must be taught in at least one public 
school in each school district of the state, and be free to all children of 
school age residing in such district. Such schools are supported by their 
quota from the general fund and from a special fund raised by a mill levy 
on all taxable property within the district, not to exceed twenty mills, 
however, in third class districts. 

High schools consist of (a) district high schools, (b) union high 
schools and (c) county high schools. 

(a) District high schools may be maintained in any first or second 
class district desiring to establish them, but not in third class districts, 
although the latter may add certain of the high school branches to the 
first eight grades. Such high schools are free to all children of school 
age residing within such district, and are supported in the same manner 
as the eighth grade schools. 

(b) Union high schools are of three kinds: 

1. When composed of two or more contiguous districts, not includ- 
ing a county seat, or an incorporated city or town in a fourth or fifth class 
county. Such union high schools are free to all children of school age 
residing within the county, and are supported by their quota from the 
general fund. Any deficit is made up by the different districts, in propor- 
tion to the number of children attending from each. 

2. When the county seat is all included in one district. Such union 
high school is also free to all children of school age residing within the 
county, and is supported by its quota from the general fund and by a levy 
of not to exceed four mills on all the taxable property of the county. 

3. When organized from districts contiguous to and including an 
incorporated city or town in fourth and fifth class counties, the school 
building to be furnished by such city or town. Such union high schools 



STATE OP COLORADO 137 

are free to all children of school age residing within such districts, and 
are supported by their quota from the general fund and a levy of not less 
than one nor more than three mills on all taxable property therein. 

(c) County high schools are of one kind only, and are established 
at the county seats unless otherwise ordered by a majority vote of the 
electors of the entire county. They are free to all children of school age 
within the county, and are supported by their quota from the general fund 
and by a levy of not to exceed four mills on all taxable property within the 
county. 

239. Schools taught in English language — hygiene — Spanish 
— German — humane treatment to animals. The public schools of 
this state shall be taught in the English language, and the school 
boards shall provide to have taught in such schools the branches 
specified in section fifteen of said chapter; and such other 
branches of learning in other languages as they may deem expe- 
dient, including hygiene, with special reference to the effects of 
alcoholic stimulants and narcotics upon the human body, and shall 
cause to be given in each school week two lessons of not less than 
ten minutes' duration each on the subject of humane treatment 
to animals; and whenever the parents or guardians of twenty or 
more children of school age shall so demand, the board of such 
school district may procure efficient instructors and introduce the 
German and Spanish languages, or either of them, and gymnastics, 
as a branch of study into such school; and said district board 
may, upon like demand of the parents and guardians of children 
of school age, procure efficient instructors to teach the branches 
specified in said section fifteen, in the German and Spanish lan- 
guages, or in either of said languages, as said board may direct. — 
R. 8. 6010 

Note. Section 15 above referred to is section 149 herein. 

240. Schools open, to whom. Every public school, except 
high schools, shall be open for the admission of all children 
between the ages of six (6) and twenty-one (21) years residing 
in that school district during at least four school months in each 
year, and the school board shall have power to admit adults, and 
children not residing in the district, if they see fit so to do, and 
to fix the terms of such admission. — R. S. 6009 

241. Failure to maintain school for three months. Any 
school district failing to maintain a public school at least three 
months of any school year, shall not be entitled to receive any 
portion of the school fund for that year. — R. S. 5891 

Note. See section 384 (a). 



138 ANNOTATED SCHOOL LAWS 



SCHOOL CENSUS 



242. Census — school age. A school census is hereby defined 
to be a census embracing all persons between the ages of six and 
twenty-one years. School age is hereby defined to be any age 
over six and under twenty-one years. — R. 8. 6014 

Note. County superintendent examines census, section 97. 



STATE OF COLORADO 139 



STATE BOARD OF EDUCATION 



243. Who constitutes state board. The superintendent of 
public instruction, the secretary of state and attorney general, 
shall constitute a state board of education, of which the superin- 
tendent of public instruction shall be president. — R. S. 58C6 

Note. See constitution, article IX, section 1. 

244. When board meets — by-laws. The state board of edu- 
cation shall meet at the state capitol on the last Saturday in 
December in each year, and at such other times and places as may 
by them be deemed necessary, and shall have power to adopt any 
rules and regulations not inconsistent with law, for its own 
government, and for the government of the public schools. — R. S. 
5867 

245. Grant diplomas — effect. The state board of education 
is hereby authorized to grant state diplomas to such teachers as 
may be found to possess the requisite scholarship and culture, and 
who may also exhibit satisfactory evidence of an exceptional 
moral character and whose eminent professional ability has been 
established by not less than two years' successful teaching in the 
public schools of this state. Such diplomas shall supersede the 
necessity of any and all other examinations of persons holding the 
same, by county, city, town, or district in the state, for the grade 
of work indicated, unless revoked by the state board of education. 
—R. S. 5868 

246. Diploma for eminent service. The state board of edu- 
cation may, in their discretion, issue state diplomas without exam- 
ination, to those persons who, in addition to good moral character 
and scholarly attainments have, in the opinion of the state board 
of education, rendered eminent service in the educational work of 
the state for a period of not less than six years. — S. L. '09, p. 371 

247. Who need not take examination. The state board of 
education shall grant state diplomas to all persons who shall be 
teaching in the public high schools of the state of Colorado at the 
time of the passage of this act and who shall, within a period of 
six months thereafter, satisfy the state board of education that 
they have had forty-five months' successful teaching experience 
in the public high schools of the state of Colorado. — S. L. '09, 
p. 371 



140 ANNOTATED SCHOOL LAWS 

248. Diplomas without examination. The state board of 
education shall issue state diplomas upon application, without 
examination, to applicants who shall be graduates of colleges situ- 
ated within the state of Colorado, which maintain a standard 
four-year course of collegiate work and require four standard 
years of high school work or its equivalent for admission, and 
who shall also exhibit evidence satisfactory to the state board of 
education of good moral character, and who shall also present 
evidence satisfactory to the state board of education that they 
have had twenty-four months of successful teaching experience, 
and who shall also produce evidence satisfactory to the state 
board of education of professional training equivalent to at least 
one-sixth of a standard four years' college course and at least 
three of the following groups of subjects, one of which shall be 
Practice Teaching, to- wit: 

(1) General and Educational Psychology. 

(2) History of Education. 

(3) Science and Principles of Education. 

(4) Practice Teaching and Special Methods. 

(5) Organization and Management of Schools. 

(6) Philosophy, Sociology and Anthropology. — 8. L. '09, p. 
371. 

249. Diplomas license to teach for five years. State diplomas, 
granted under the provisions of this act, shall license the holders 
thereof to teach in the public schools of any county, city, town or 
district in the state without the necessity of any other examina- 
tion, for a period of five years unless sooner revoked by the state 
board of education, and at the expiration of said time, the same 
may be renewed for a like period of five years in the discretion of 
the state board of education, and at the expiration of this time, 
the same may be renewed for life upon presentation to the state 
board of education of satisfactory evidence of professional growth 
and efficiency ; Provided, That the state board of education shall 
issue upon application, without examination, to those persons who 
possess the qualifications set forth in section 4 of this act, expe- 
rience in teaching alone excepted, a temporary, non-renewable 
certificate to teach for five years in the public schools of Colorado. 

— ;Sf. L. '09, p. 371 

Note. Section 4 above referred to is section 248 herein. 

250. Board may revoke diploma. The state board of educa- 
tion may at any time revoke a state diploma, upon satisfactory 



STATE OF COLORADO 14l 

evidence that the holder thereof has become unworthy the same ; 
Provided, That before revoking any such diploma, the holder 
thereof shall have at least thirty days' notice to appear before 
the state board and refute any charges brought against him. — 
R. S. 5870 

STATE BOARD OF EXAMINERS 

251. State board of examiners — appointed by board of edu- 
cation. There is hereby created a state board of examiners which 
shall consist of a state superintendent of public instruction who 
shall be president of the board, and eight other persons who shall 
be appointed by the state board of education in the manner fol- 
lowing : Immediately upon the passage of this act the state board 
of education shall appoint two members of said state board of 
examiners, one of whom shall be recommended to it for that 
purpose by the president of the state agricultural college, and 
both of whom shall be citizens of Colorado, actively engaged in 
educational work, and who are not members of the faculties of 
either the state agricultural college, the university of Colorado, 
the state school of mines, or the state normal school, which said 
members shall hold office until the first day of May, A. D. 1910, 
and whose respective successors shall in like manner be appointed 
to hold office for successive terms of four years thereafter. 

And the state board of education shall also in like manner 
appoint two members of said state board of examiners, one of 
whom shall be recommended to it for that purpose by the presi- 
dent of the university of Colorado, and both of whom shall be 
citizens of Colorado, actively engaged in educational work, and 
who are not members of the faculties of either the state agricul- 
tural college, the university of Colorado, the state school of mines 
or the state normal school, which said members shall hold office 
until the first day of May, A. D. 1911, and whose respective suc- 
cessors shall in like manner be appointed to hold office for suc- 
cessive terms of four years thereafter. 

And the state board of education shall also in like manner 
appoint two members of said state board of examiners, one of 
whom shall be recommended to it for that purpose by the presi- 
dent of the state school of mines and both of whom shall be citi- 
zens of the state of Colorado, actively engaged in educational 
work, and who are not members of the faculties of either the state 
agricultural college, the university of Colorado, the state school 
of mines or the state normal school, which said members shall 



142 ANNOTATED SCHOOL LAWS 

hold office until the first day of May, A. D. 1912, and whose 
respective successors shall in like manner be appointed to hold 
office for succesive terms of four years thereafter. 

And the state board of education shall also in like manner 
appoint two members of said state board of examiners, one of 
whom shall be recommended to it for that purpose by the presi- 
dent of the state normal school, and both of whom shall be citizens 
of the state of Colorado, actively engaged in educational work, 
and who are not members of the faculties of either the state agri- 
cultural college, the university of Colorado, the state school of 
mines or the state normal school, which said members shall hold 
office until the first day of May, A. D. 1913, and whose respective 
successors shall in like manner be appointed to hold office for 
successive terms of four years thereafter. — 8. L. '09, pp. 369-370 

252. Applicants to be examined. The state board of exam- 
iners shall, as often as directed by the state board of education, 
and at least as often as once a year, and after having given due 
public notice of the same, examine all applicants for state 
diplomas in such branches and upon such terms as in the judg- 
ment of the state board of examiners, shall be requisite to prove 
the applicant's possession of academic and professional attain- 
ments, fully equivalent to those set forth in section 4 of this act. — 
8. L. '09, p. 370 

Note. Section 4 above referred to is section 248 herein. 

253. Requirements of applicants. And the state board of 
education shall grant state diplomas to such persons as shall by 
virtue of such examination, be found to possess the requisite 
scholarship and culture, and who shall also exhibit evidence satis- 
factory to the state board of education, of good moral character. — 
8. L. '09, p. 370 ■ 



STATE OP COLORADO 143 



AGRICULTURAL COLLEGE SYSTEM 



AGRICULTURAL COLLEGE AT FORT COLLINS 

254. College — objects. The following educational institu- 
tions, to- wit: the university at Boulder, the agricultural college 
at Fort Collins, the school of mines at Golden, and the institute 
for the education of mutes (which shall hereafter be known as 
Colorado School for deaf and blind) at Colorado Springs are 
hereby declared to be institutions of the state of Colorado, and 
the management thereof subject to the control of the state, under 
the provisions of the Constitution, and such laws and regulations 
as the general assembly may provide, and the location of said 
institutions * * * are hereby confirmed. * * * — ^g. jT/. 
'09, p. 324 

255. Design and objects. * * * The design of the insti- 
tution is to afford thorough instruction in agriculture, and the 
natural sciences connected therewith. To effect that object most 
completely, the institution shall combine physical with intellectual 
education, and shall be a high seminary of learning, in which 
the graduates of the common school, of both sexes, can commence, 
pursue and finish a course of study, terminating in thorough 
theoretical and practical instruction in those sciences and arts 
which bear directly upon agriculture and kindred industrial pur- 
suits.— E. 8. 88 

256. Qualifications of students. No student shall be ad- 
mitted to the institution who is not fifteen years of age, and who 
does not pass a satisfactory examination in arithmetic, geography, 
grammar, reading, spelling and penmanship. — R, S. 89 

257. Programme. The board and faculty shall make, an- 
nually, a programme of theoretical and practical instruction. — 
R. 8. 90 

258. Duration of course. A full course of study in the insti- 
tution shall embrace not less than four years. The state board of 
agriculture may institute winter courses of lectures for others 
than students of the institution, under necessary rules and regu- 
lations.— i2. S. 91 

259. Academical year — term — suspension. The academical 
year shall consist of not less than nine calendar months. This 
academical year may be divided into such terms by the state 



144 ANNOTATED SCHOOL LAWS 

board of agriculture, as in their judgment will best secure the 
objects for which the college was founded. The board may, at 
any time, temporarily suspend the college in case of fire, the 
prevalence of fatal diseases, or other unforeseen calamity. — 
R. kS. 92 

260. Labor on farm — hours. Three hours of each day shall 
be devoted by each male student of the college to labor on the 
farm ; and every female student shall devote three hours of each 
day to labor in such department of work, as may be assigned 
them by the board and faculty, and no one shall be exempt, except 
for physical disability. By a vote of the board of agriculture at 
such sessions and in such exigencies as demanded, the hours of 
labor may be increased to four hours or diminished to two hours. 
~R. S. 93 

261. Tuition fees — discrimination. The state board of agri- 
culture shall be vested with discretion to charge tuition or not 
as they may deem most conducive to the interests of the insti- 
tution, unless acts of the general assembly making appropriations 
for its support shall otherwise direct. The board may make dis- 
crimination in regard to tuition between students from this state 
and from other states. One-third of the tuition for the academic 
ierm shall be paid in advance, and shall be forfeited in case the 
student abandons the institution. — B. S. 94 

262. Board control college and farm — make by-laws and 
rules. The state board of agriculture shall have the general con- 
trol and supervision of the state agricultural college, the farm 
pertaining thereto, and lands which may be vested in the college 
by state or national legislation ; of all appropriations made by 
the state for the support of the same. The board shall have 
plenary power to adopt all such ordinances, by-laws and regula- 
tions, not in conflict with the law, as they may deem necessary 
to secure the successful operation of the college and promote the 
designed objects. — R. S. 95 

263. Board choose president and tutors — vacancy in presi- 
dency. It shall be the duty of the state board of agriculture to 
choose a president of the state agricultural college before the 
first academic term of the institution; they shall then proceed 
to choose such professors, tutors and employes as the necessities 
of the institution demand. In case of vacancy in the office of 
president, or in case a suitable man cannot be selected, the senior 
professor shall perform the duties of the office until the board 
shall elect a president. — R. S. 96 



STATE OP COLORADO 145 

264. Board prescribe duties and confer degrees. The board, 

with the advice of the faculty, shall prescribe the books to be used 
in the institution, and also confer such degrees or testimonials as 
are conferred by similar institutions. — B. S. 98 

265. Faculty how constituted. The president, professors and 
farm managers shall constitute the faculty of the state agricul- 
tural college. The president of the college shall be the president 
of the faculty. The secretary of the state board of agriculture 
shall be a member and secretary of the faculty. — R. S. 99 

266. Wages to students — ^boarding at cost. The president 
and secretary, together with the superintendent of the farm, if 
there be one, and in case there is not one, then, one of the pro- 
fessors to be elected by the faculty, shall constitute a committee 
to fix the rate of wages allowed to students, and rate of board. 
In assessing the board, it shall be so estimated that no profit shall 
be saved to the institution, and as near as possible at the actual 
cost. The rates of wages allowed, and rate of charge for board, 
shall, if practicable, be submitted to the state board of agriculture 
before they take effect. — R. S. 106 

AGRICULTURAL COLLEGE AT FORT LEWIS 

267. School of agriculture, mechanic arts and household 
arts. That there is hereby established at the Fort Lewis School 
in La Plata County a school of agriculture, mechanic arts and 
household arts upon the grounds heretofore accepted by the 
governor of the state of Colorado, and now owned and held by 
the United States.— ;8. L. '11, p. 39 

268. State board of agriculture control. That from and 
after the passage and approval of this act, the state board of 
agriculture shall take and assume control of the lands, buildings 
and equipments at Fort Lewis School, now owned and held by the 
state, and the said lands, buildings and equipments shall there- 
after become and be a part of the agricultural college system of 
the state, and shall be controlled and managed under the same 
laws, rules and regulations, by the state board of agriculture as 
the agricultural college at Fort Collins; Provided, That Indian 
pupils shall at all times be admitted to such school free of charge 
for tuition and on terms of equality with white pupils. — S. L. '11, 
p. 40 

HORTICULTURE AND FORESTRY 

269. Branch school at Grand Junction. That there is hereby 
established at the Grand Junction Indian School in Mesa County, 



146 ANNOTATED SCHOOL LAWS 

a school of horticulture, forestry and vocational learning, upon 
the grounds to be accepted by the governor of the state of Colo- 
rado and now owned and held by the United States. * * * 
—S. L. '11, p. 145 

270. State board of agriculture manage. That from and 
after the passage and approval of this act, the state board of 
agriculture shall take and assume control of the lands, buildings 
and equipments at the Grand Junction Indian School, now owned 
and held by the United States, and the said lands, buildings and 
equipments shall thereafter become and be a part of the agri- 
cultural college system of the state, and shall be controlled and 
managed under the same laws, rules and regulations, by the state 
board of agriculture as the agricultural college at Fort Collins; 
provided, that the Indian pupils shall at all times be admitted to 
such school free of charge for tuition and on terms of equality 
with white people. — 8. L. '11, p. 146 



STATE OF COLORADO 147 



COLORADO SCHOOL FOR DEAF AND BLIND 



SCHOOL LOCATED AT COLORADO SPRINGS 

271. Object of institution. There shall be permanently main- 
tained at the city of Colorado Springs, in the County of El Paso, 
an institution for the support and education of the mute and 
blind residing within the state of Colorado. — B. S. 4313 

272. Name of school. Such institute shall be a body cor- 
porate under the name of "Colorado School for the Deaf and the 
Blind," and may sue and be sued, may take and hold real estate 
by gift, devise or otherwise, for the use and benefit of such school. 
—R. S. 4314 

273. Educational institution of the state. That the Colorado 
School for the Deaf and the Blind, located at the city of Colorado 
Springs, in the county of El Paso, is hereby declared to be one 
of the educational institutions of the state of Colorado and has 
for its object the education of such of the children of the state 
as cannot, by reason of the impairment of their sense of hearing 
or of sight, be advantageously educated in the other schools or 
educational institutions of the state. Said school shall not be 
regarded or classed as a reformatory or charitable institution. — 
S. L. '09, p. 333 

274. Board of trustees — appointment — term. That the man- 
agement of the institute for the education of the mute and blind, 
* * * shall be vested in a board of five trustees, to be ap- 
pointed by the Governor, by and with the advice and consent 
of the senate, * * * and shall serve for a period of six years 
each, and in every case a trustee shall hold his office until his 
successor is appointed and qualified ; Provided, That the superin- 
tendent or any other employe of said institute, shall not be a 
trustee thereof.— i?. S. 4318 

275. Superintendent — appointment. The said trustee shall 
have charge of the general interests of the institute, and shall 
appoint for a term of two years at a time, as superintendent of 
the institute, a person who shall have acquired an easy and 
ready use of the "Sign Language," such as is commonly used by 
educated deaf mutes, who shall have had not less than five years' 
experience in instructing deaf mutes, who shall be familiar with 
the methods used in their instruction, and who shall possess other 



148 ANNOTATED SCHOOL LAWS 

qualifications that would in their judgment fit him for such office. 
* * *— i?. 8. 4319 

276. Duties of superintendent — discharge of teachers. The 
principal executive officer of the institute shall be officially 
known and designated as the superintendent of said institute. 
He shall reside in the institute, * * * and shall, with the 
approval of the trustees, appoint and fix the compensation of all 
other officers and employes in the institute, and may, at any 
time, if it be for the benefit of the institute, or in the interest 
of proper government, discharge any of them from service; Pro- 
vided, however, That teachers shall not be discharged unless by 
consent of the trustees. * * * . — ji^ g. 4324 

277. Admission of pupils — support. Every blind, deaf or 
mute citizen of the state of Colorado, of sound mind, over six and 
under twenty-one years of age, shall be entitled to receive an 
education in said institute at the expense of the state. All appli- 
cants above the age of twenty-one years may be admitted at the 
option of the board. Each county superintendent of common 
schools shall report on the first day of June in each year to the 
superintendent of the school for the education of the deaf and the 
blind, the name, age and post office address of every blind or 
deaf person of suitable age, for admission to said school, residing 
in his county, including all such persons as may be too deaf or 
blind to acquire an education in the common school. Applicants 
for admission to said school from other states, if within the ages 
prescribed by this se'ction, may be admitted upon payment of 
such sum quarterly, as the board of trustees of said school may 
determine.- — R. S. 4334 

278. Residents of other states — when admitted. The resi- 
dents of other states, or territories, may be admitted to said 
institute, upon the payment of a sum, in advance, to be fixed by 
the trustees, of not less than the total cost, per capita, of the 
inmates for the year immediately preceding the year in which 
application for such admission is made. A failure on the part 
of the person so admitted, or his parents, guardian, or friends, 
to make such payments to the superintendent, promptly, in ad- 
vance, shall be just cause for immediate dismissal of the pupil; 
Provided, That no resident of another state, or territory, shall 
be received or retained to the exclusion of any resident of the 
state of Colorado ; * * *—R. S. 4335 

279. When counties pay expense. In all cases where persons 
sent to the institute for the education of the mute and blind are 



STATE OF COLORADO 149 

too poor to furnish themselves with sufficient clothing and pay 
the expenses of transportation to and from the institute, the judge 
of the county court of the county where any such person resides, 
upon the application of any relative, or friend, of such person, 
or of any officer of his town, or county, may, if he shall deem 
such person a proper subject for the care of said institute, make 
an order to that effect, which shall be certified by the clerk of the 
court to the superintendent of said institute, who shall then pro- 
vide the necessary clothing and transportation, at the expense 
of the county, and upon his rendering his proper accounts there- 
for, semi-annually, the county board shall allow and pay the 
same out of the county treasury .^J?. S. 4336 
TEACHER— ADULT BLIND 

280. Office of state teacher. That the office of state teacher 
for the adult blind of the state of Colorado is hereby created 
and established. Said officer shall be either a male or female 
resident of this state, to be selected and appointed by the state 
board of education at its annual meeting, the last Saturday in 
December each year, and shall hold office for one year from said 
date or until his successor is duly appointed ; except, that within 
fifteen days after the taking effect of this act said state board 
of education shall duly appoint such officer to hold office until 
the last Saturday in December, 1911, Provided : that said board 
in selecting said officer shall make such appointment by virtue 
only of the appointee's peculiar fitness for the position, compe- 
tency and experience as a teacher of the blind, good moral char- 
acter, and shall where practicable select a non-seeing person as 
such teacher. — 8. L. '11, p. 8 

281. Duties of teacher. The duties of said officer shall em- 
brace the education and teaching of all adult blind residents of' 
Colorado at their respective homes, under such regulations, di- 
rections, and procedure, and in those methods and educational 
branches as the state board of education shall prescribe. It shall 
be the duty of said officer to prepare, maintain, and keep a 
"Register of the Adult Blind of Colorado" which register shall 
describe their condition, cause of blindness, capacity for educa- 
tion and industrial training, and other material and relevant 
facts concerning said persons; and the "Board of Control of the 
Colorado Industrial Workshops for the Blind" and the super- 
intendent of the "Colorado School for the Deaf and Blind" are 
hereby directed to co-operate with said officer in the preparation 
and maintenance of said register by furnishing from time to time 



150 ANNOTATED SCHOOL LAWS 

the names, addresses and such other facts concerning the adult 
blind in Colorado as may appear on their records or otherwise 
come to their knowledge. The work of preparing and maintain- 
ing said register shall be done in the office of and by the advice 
and under the direction of the state superintendent of public 
instruction, where said register shall be preserved and filed, and 
whose office shall be the general headquarters for the said state 
teacher of the adult blind. — S. L. '11, p. 4 

282. Services — report. All the time and services of said 
officer shall be devoted ratably among the homes of all said adult 
blind, in the manner and way the state board of education shall 
prescribe, and he shall, prior to the first of November of each 
year, prepare and file with the president of said board, a full 
and complete report of all of the work commenced or accom- 
plished by his office during the preceding year, Provided : that 
the state board of education shall have the power at any time to 
remove said officer, after due hearing, for any reason sufficient to 
said board, and to appoint another officer for such unexpired term. 
— ;8'. L. '11, p. 3 

283. Salary — how payable — expenses. The state teacher 
of the adult blind of Colorado shall receive a salary of one 
thousand dollars a year, payable in equal monthly installments 
by the state treasurer from the same fund provided for the 
payment of other state officers, and upon due warrants of the 
state auditor, who is hereby authorized and directed to issue the 
same upon receipt of properly issued vouchers of the state board 
of education. Said officer shall also be paid and allowed all 
traveling and living expenses while away from the place of his 
residence and traveling within the state in fulfilment of the duties 
of his office, and also all books and papers necessary for the 
preparation of said register, and also all necessary teaching 
equipments and teaching methods, duly approved by the state 
board of education, not to exceed in all the sum of five hundred 
dollars for any year, which said expenses shall be evidenced by 
itemized statements thereof, filed by said officer with the state 
board of education at the end of each month, and shall be paid 
monthly by the state treasurer in the same manner as the ex- 
penses of the other state officers allowed by the law are paid, and 
upon due warrants of the state auditor, which officer is hereby 
directed and authorized to issue said warrants upon receipt of 
properly issued vouchers of the state board of education covering 
said expenses. — S. L. '11, p. 3 



STATE OF COLORADO 151 



INDUSTRIAL SCHOOLS 



FOR BOYS 

284. Industrial school established. There shall be estab- 
lished in this state an institution under the name and style of the 
''State Industrial School."— i?. ^.3027 

285. Located — building. The old school of mines building 
and grounds at or near the city of Golden, in the county of Jef- 
ferson, are hereby selected as, and converted into an establish- 
ment and site for the state industrial school ; * * * — R, S, 3028 

286. Board of control appointment — term — ^vacancies. The 
general supervision and government of said industrial school 
shall be vested in a board of control, to consist of three members, 
who shall be appointed by the governor, by and with the advice 
and consent of the senate during the session of the general assem- 
bly, the members of which board shall hold their offices for the 
respective terms of two, four and six years from the first day of 
March, A. D. 1881, and until their successors shall be appointed 
and qualified, said respective terms of office to be designated 
in their several appointments; and thereafter there shall be one 
of said board appointed every two years, whose term of office 
shall continue for six years, or until his successor is appointed 
and qualified; and whenever any vacancy shall occur in said 
board, by the death, resignation or otherwise, the governor shall 
fill the same by appointment, and the appointee shall hold only 
for the unexpired term of the person whose place he is appointed 
to fill.— i?. S. 3029 

287. Biennial report to superintendent of public instruction. 
The board of control, on the tenth day of November preceding 
each meeting of the general assembly, shall make a report to the 
superintendent of public instruction, which report, with that of 
the officers and instructors of the institution, shall be transmitted 
to the general assembly with the report of the said superintendent. 
Said report shall contain a detailed statement of their operations 
and of all expenditures made by them in behalf of said institution. 
~R. S. 3031 

288. Board make rules — appoint superintendent, agents, 
servants. It shall be the duty of the board of control to prepare 
and carefully digest and mature a system of government for said 



152 ANNOTATED SCHOOL LAWS 

industrial school, embracing such rules and regulations as may 
be deemed necessary for preserving order, for enforcing disci- 
pline, for imparting instruction, for preserving health, and gener- 
ally for the proper physical, intellectual and moral training of the 
youth committed to said school. And they may appoint a super- 
intendent and such other officers, agents and servants as they may 
consider necessary to transact the business of said school, and 
may designate their duties and salaries. — R. S. 303? 
Note. Hazing in state institutions forbidden. 

289. Duty of board to receive boys. It shall be the duty of 
the board of control to receive, to the extent of the means placed 
at their disposal, and of the accommodations afforded by the 
buildings and grounds belonging to said school, all persons com- 
mitted to their care and guardianship, under the provisions of 
this act, and to keep the same during their minority, or until dis- 
charged by law, or under the rules of said board. — R. S. 3035 

290. Commitment to school — term — jurisdiction of courts. 
When any boy under the age of sixteen years and over the age of 
ten years shall be convicted of any offense known to the laws of 
this state, and punishable by fine or imprisonment or both, except 
such as may be punishable by death or imprisonment for life, the 
court before whom such conviction shall be had, may at its discre- 
tion, sentence such boy to the state industrial school or to such 
punishment as is now or may hereafter be prescribed by law for 
the same offense. All commitments to the state industrial school 
shall be for the term of the boy's minority, unless he shall be 
sooner discharged by the board of control, as hereinafter pro- 
vided, and whenever any boy shall be discharged therefrom as 
reformed or as having arrived at the age of twenty-one years, 
such discharge shall be a full and complete release from all penal- 
ties and disabilities which may have been created by such sen- 
tence. The district and county courts and the judges thereof, in 
their respective counties, shall have exclusive original jurisdic- 
tion to try all cases arising under the provisions of this act. All 
such cases shall be summarily tried before the court or the judge 
of the court and without the intervention of a jury, unless a jury 
shall be demanded. Cases arising under this act may be insti- 
tuted upon the sworn complaint of the district attorney or his 
deputy, or any credible person. No boy after sentence, shall be 
confined in any county or city jail, but the officer to whom, the 
writ of commitment shall be delivered shall at once convey such 
boy to the state industrial school. — R. 8. 3036 



STATE OF COLORADO 153 

291. Parents and gpaardians may indenture boys to school. 

Any parent may indenture his or her boy, or any guardian may 
indenture a male ward, to the state industrial school for such 
length of time as may be agreed upon by such parent or guardian, 
and the board of control of said school, on condition that such 
parent or guardian shall pay the expenses of such boy or ward so 
indentured as aforesaid, while at said school. — B. 8. 3037 

292. Treatment of boys — board may return — duty of magis- 
trate. Each and every boy who shall be legally committed to 
said school as provided in this act shall be clothed, fed, disci- 
plined, instructed, employed and governed, under the direction of 
the board of control of said school, until he either be reformed 
and discharged, or until he shall have arrived at the age of 
twenty-one years, and it shall be lawful for said board of control 
to place in the care of any resident of this state, who is the head 
of a family, and of good moral character, any of the said boys 
of said school, on such conditions and with such stipulations as 
the board may establish ; Provided, No boy shall be placed in the 
care of any person who shall be engaged in the sale of intoxicat- 
ing drinks or who is in the habit of getting drunk. The board of 
control shall have power, and it shall be their duty to return any 
boy to the authorities of the county or city from which he shall 
have been received, whom said board may deem to be an improper 
subject for their care and management, or who shall be found to 
be incorrigible, or whose continuance in the school they may deem 
prejudicial to the management or discipline thereof, or who 
ought in their judgment for any other cause to be returned from 
said school. In every such case it shall be the duty of said board 
of control to transmit to the court, magistrate or justice by whom 
said boy was committed to said school a statement of the reasons 
of said return, and it shall be the duty of the authorities of the 
city or county to whom said boy shall be returned to produce said 
boy before the court, magistrate or justice by whom said boy was 
committed, or his successor in office, as soon as the same can 
reasonably be done ; and such court, magistrate or justice shall 
have power thereon to make such order, and have such proceed- 
ings as would have been legal in the first instance, and would 
have been made or had in the case if the boy had not been sent 
to the industrial school. Said board of control shall also be 
authorized, when, in their judgment, it may be deemed proper or 
expedient to give boys leave of absence in writing, with condi- 
tions therein expressed, for a limited time or during good be- 



154 ANNOTATED SCHOOL LAWS 

haviour, and in case of misconduct or other satisfactory reasons, 
they may reclaim and return to the care of the school for such 
time as he was originally sentenced without other trial or commit- 
ment or process of law, any boy granted such leave of absence, 
and his further detention shall in no way be affected thereby, 
either to his prejudice or advantage. Said board of control shall 
also have power to return any boy to his parents or other guard- 
ians, when they shall have become bound in sufficient sureties for 
the good behavior and care of such boy. — R. 8. 3038 

293. When board may discharg-e or bind boy. It shall be 
lawful for the board of control, whenever in their discretion they 
may deem anyone of the boys detained in the said institution to 
have become so far reformed as to justify his discharge, to liberate 
such boy, or to bind him by articles of indenture for that purpose 
to be entered into, to any suitable person who will engage to 
instruct such boy in some proper art or trade, according to the 
terms of said indenture. — R. S. 3039 

294. Persons caring for boy — compensation — proviso as to 
schooling". Any person other than parent or guardian, who will 
take and care for any boy, as above provided, for one year, having 
faithfully fulfilled all the conditions prescribed to the satisfaction 
of the board, if the board of control shall have so agreed, shall be 
entitled to receive from the funds of the industrial school fifty 
dollars; at the end of two years, a like sum on like conditions; 
Provided, Said boy shall be placed at school at least three months 
in each year ; and any boy who is placed in the care of any person 
as above provided, having remained with said person and faith- 
fully performed the duties required of him by said board for said 
two years, and until he shall have arrived at the age of twenty- 
one years, shall be entitled to receive from the funds of said insti- 
tution one hundred dollars. — R. S. 3040 

295. All clergymen can impart religious instruction. Equal 
privileges shall be granted to clergymen of all religious denomi- 
nations to impart religious instruction to the inmates of said 
industrial school, and every opportunity shall be allowed such 
clergymen to give to the inmates belonging to their respective 
denominations such religious and moral instruction as said clergy- 
men may desire, and the board of control shall prescribe reason- 
able times and places, not inconsistent with the proper manage- 
ment of said school, when and where such instruction may be 
given, and all such instruction shall be open to all who may choose 
to attend. — R. S. 3044 



STATE OF COLORADO 155 

FOR GIRLS 

296. Industrial school established. That therp is hereby 
established at or near Denver, Colorado, "The State Industrial 
School for Girls."— 72. S. 3046 

297. Board of control — appointment — term — vacancies — 
superintendent. The general supervision and control of said insti- 
tution shall be vested, as at present, in a board of control, con- 
sisting of five members, three of whom shall be women. The 
board, excepting as hereinafter provided, shall be appointed by 
the governor, by and with the advice and consent of the senate 
during the session of the general assembly, and the term of office 
of each member thereof shall be five years, or until their suc- 
cessors shall be appointed and qualified, their respective terms of 
office to be designated in their several appointments ; and when- 
ever any vacancy shall occur in said board, by death, resignation, 
or otherwise, the governor shall fill the same by appointment, 
and the appointee shall hold only during the unexpired term of 
the person whose place he or she is appointed to fill. One mem- 
ber of said board shall be appointed by the governor as aforesaid 
during the session of the present general assembly, and every year 
thereafter there shall be one member appointed to take the place 
of the outgoing rnember. The board shall choose some suitable 
woman to act as general superintendent, who shall hold her office 
during the pleasure of the board. — R, S. 3047 

298. County liable for maintenance — monthly statement 
rendered. That county from which any girl committed to the 
state industrial school for girls shall be sent shall be liable for the 
expense attending the safekeeping, care, maintenance and instruc- 
tion of such girl until she shall have been finally discharged by 
the board of control of said school, and shall pay for the same the 
sum. of fifty cents per day for each girl so sent until such final 
discharge. At its first meeting in every month the board of 
control of such state industrial school for girls shall prepare and 
transmit to the respective boards of county commissioners of the 
several counties liable for such safe-keeping, care, maintenance or 
instruction, a certificate showing in detail the persons on whose 
account such expense was incurred, the amount due on account 
of each such person respectively for the month preceding, and the 
said board of commissioners shall allow the said sum so certified 
against their respective counties, and shall pay the same in cash 



156 ANNOTATED SCHOOL LAWS 

to the state industrial school for girls, the same as any other cur- 
rent expense of said county. — R. S. 3049 

299. Powers of board. The members of said board of con- 
trol shall constitute a body corporate under the name and style of 
"The Board of Control of the State Industrial School for Girls," 
with the right to own and hold property, real, personal and 
mixed ; to sue and be sued ; and of making and using a common 
seal and of altering the same at pleasure. — R. S. 3051 

300. Board receive all persons committed. It shall be the 
duty of the board of control to receive, to the extent of the means 
placed at its disposal, and of the accommodations afforded by the 
buildings and grounds belonging to' said school, all persons com- 
mitted to its care and guardianship, under the provisions of this 
act ; and to keep such persons during their minority, or until 
discharged by law, or under the rules of said board of control. — 
R. S. 3053 

301. Under control of board. Each and every girl who shall 
be legally committed to said school, as provided in this act, shall 
be clothed, fed, disciplined, instructed, employed and governed 
under the direction of the board of control of said school, until 
she either be reformed and discharged according to the rules to 
be adopted by said board of control, or until she shall have 
arrived at the age of twenty-one years. — R. S. 3054 

302. Regnlations established by board. The board of con- 
trol shall make such regulations in regard to the food, clothing 
and bedding of the inmates as the health and circumstances of 
each may require; but all rations, clothing and bedding shall be 
plain and of good quality, and in sufficient quantity for the suste- 
nance of the health and well-being of the inmates. — R. S. 3055 

303. Rules established by board. It shall be the duty of 
said board of control, to prepare and adopt from time to time 
rules and regulations for said institution, for the government of 
the inmates of the same, looking to their moral, physical, intel- 
lectual, social and industrial training. Domestic industries shall 
take precedence of trades, and there shall be a thorough educa- 
tion in every branch of household work.— 72. /S*. 3056 

304. Credit for g-ood behavior. The board of control shall, 
under a system of marks, or otherwise, fix upon a uniform plan 
under which it shall determine what number of marks or credits 
shall be earned by each girl, sentenced under the provisions of 
this act, as the condition of increased privileges, or of release from 
its control, which system shall be subject to revision from time 



STATE OF COLORADO 157 

to time. Each girl sentenced to said school shall be credited for 
good personal demeanor, diligence in labor and study, and for 
results accomplished, and be charged for dereliction, negligence 
and offenses. — R. 8. 3058 

305. Marks of credit. The board of control shall establish 
rules and regulations by which the standing of each girl's gain 
of marks or credits shall be made known to her as often as once 
a month, and oftener if she shall at any time request it, and may 
make provisions by which any girl may see and converse with the 
said board during every meeting thereof. — R. S. 3059 

306. Release of girls. When it appears to said board that 
there is a strong or reasonable probability that any girl in said 
school will live and remain at liberty without violating the law, 
and that her release is not incompatible with the welfare of 
society, or detrimental to her own good, then it shall issue to such 
girl an absolute release from confinement ; Provided, That nothing 
herein contained shall be construed to impair the power of the 
governor to grant a pardon in any case. — R. S. 3060 

307. Girls may be placed in homes. It shall be lawful for 
said board of control to place in the care of any resident of this 
state, who is the head of a family and of good moral character, 
any of the said girls in said school, on such conditions and with 
such stipulations as the board may establish. — R. S. 3061 

308. Superintendent — duties. The superintendent, under 
the direction and management of the board, shall have general 
supervision of said institution. — R. S. 3065 

309. Superintendent keep daily journal. The superintendent 
shall keep a daily journal of the proceedings of the institution, in 
which she shall note every infraction of the rules by any officer, 
teacher, or employe thereof, which shall come to her knowledge, 
and make memorandum of every complaint made by any girl of 
cruel or unjust treatment from her overseer, or other officer of 
the institution, or the want of good and sufficient food or clothing, 
and also any infraction of the rules by any inmate, naming her, 
and specifying the offense, and also what punishment, and the 
extent thereof, was awarded ; which journal shall be laid before 
the board of control at every stated meeting and at every special 
meeting when demanded. — R. 8. 3067 

310. Register of girls — contents. When any girl shall be 
received in said school, the superintendent shall cause to be 
entered in a register the date of such commitment, the name, age, 
nativity, nationality, and such other facts as may be ascertained 



158 ANNOTATED SCHOOL LAWS 

of parentage, early associations, influences, etc., as may seem to 
indicate the constitutional and acquired defects and tendencies of 
such girl, and base upon these an estimate of the then present 
condition of such girl, and the best probable plan of treatment 
and classification of said girl ; and she shall also enter upon such 
register, quarterly, or oftener, minutes of the observed improve- 
ment or deterioration of character, and notations as to the meth- 
ods and treatment employed ; also all orders or alterations affect- 
ing the standing or situation of such girl ; the circumstances, if 
finally released, and any subsequent facts of the personal history 
which may be brought to the knowledge of the superintendent. — 
R. S. 3070 

311. Abstract of record of each girl. An abstract of the 
record in the case of each girl remaining under the control of the 
said board of control shall be made semi-annually, considered by 
the said board of control at a regular meeting, and to be filed with 
the governor; each abstract shall show the date of commitment, 
age, the present situation, whether in school or elsewhere; 
whether any and how much progress has been made, and the 
reasons for release or continued custody, as the case may be. — 
B. 8. 3071 

312. Parole of girls. It shall be lawful for the board of 
control, whenever, in its discretion, it may deem any one of the 
girls detained in said institution to have become so far reformed 
as to justify it, to parole such girl, upon such conditions as to the 
board may seem advisable, and to return such girl to the school 
upon a violation of the terms of such parole.— i2. S. 3072 

313. Incorrigible girl returned to the Home. If any girl shall 
absent herself, without leave, from the person to whose care and 
sendee she has been properly committed, such girl may be forth- 
with returned to the said industrial school for girls without fur- 
ther process, and shall forfeit all credits gained by her on account 
of previous good conduct. — R. S. 3073 • 

314. Commitment to school — term. When any girl under 
the age of eighteen years and over the age of six years shall be 
convicted of any offense known to the laws of this state and 
punishable by fine or imprisonment, or both^ except such as may 
be punishable by death or imprisonment for life, the court before 
whom such conviction shall be had, may, at its discretion, sen- 
tence such girl to the state industrial school for girls, or to such 
punishment as is now, or may hereafter be, prescribed by law for 
the same offense. All commitments to the state home and Indus- 



STATE OF COLORADO 159 

trial school for girls shall be for the term of the girl's minority, 
unless she shall be sooner discharged by law or the board of con- 
trol, as hereinafter provided, and whenever any girl shall be dis- 
charged therefrom as reformed, or as having arrived at the age 
of twenty-one years, such discharge shall be a full and complete 
release from all penalties and disabilities which may have been 
created by such sentence. — R. S. 3074 

315. Jurisdiction of courts — summary proceedings. The 
district and county courts, and the judges thereof, in their re- 
spective counties, shall have exclusive original jurisdiction to try 
all cases arising under the provisions of this act. All such cases 
shall be summarily tried before the court, or the judge thereof, 
and without the intervention of a jury, unless a jury shall be 
demanded; except in eases of high misdemeanors or felonies, the 
cause shall be tried by a jury, as provided in the code of criminal 
procedure.— i?. S. 3075 

316. Peace officers arrest girls frequenting public places. 
All peace officers in any city, town or county in this state are 
empowered to arrest all girls habitually wandering around the 
streets or public places, or anywhere beyond the proper control 
of their parents or guardian, at unseemly or improper hours. 
The girl so arrested shall be taken before the court or judge 
having jurisdiction of the person, as provided in section 32 of 
this act, and if it shall appear to said court or judge that the 
said girl is incorrigible, or is growing up in habits of vice and 
immorality, such girl may be committed to "The state industrial 
school for girls."— i?. S. 3076 

317. Cause of commitment certified to superintendent. The 
court or judge by whom any person is committed to the state 
industrial school for girls, under the provisions of this act, shall 
certify to the superintendent of said school the cause of such 
commitment, embracing all important facts connected therewith, 
and the age of all persons so committed, as near as can be ascer- 
tained; the age so certified shall be held to be the correct age of 
such person for the purposes of this act. — R. 8. 3077 

318. Commitment — ^return of girl to county. Any girl who 
shall be convicted of an offense punishable by imprisonment 
in the state industrial school for girls and who, upon such 
conviction, shall be sentenced to imprisonment therein, shall 
be imprisoned according to this act, and not otherwise ; and 
the courts of this state imposing such sentence shall not fix or 
limit the duration thereof ; the term of such imprisonment of any 



160 ANNOTATED SCHOOL LAWS 

girl SO convicted and sentenced shall be terminated by the board 
of control as provided in this act, or upon said girl having 
attained the age of twenty-one years; Provided, That the board 
of control shall have the power, and it shall be its duty, to return 
any girl to the authorities of the county or city from which she 
shall have been received, whom such board may deem to be an 
improper subject for its care and management, or who shall be 
found to be incorrigible, or whose continuance in the school the 
board may deem prejudicial to the management or discipline 
thereof, or who, in its judgment, for any other cause, should be 
returned from said school. In every such case it shall be the duty 
of said board of control to transmit to the court or judge by 
whom such girl was committed to the school, a statement of the 
reasons for such return, and it shall be the duty of the authorities 
of the city or county to whom such girl shall be returned, to 
produce said girl before the court or judge by whom she was 
committed, or the judge succeeding in such office, as soon as the 
same can reasonably be done, and such court or judge shall have 
power thereupon to make such order, and have such proceedings 
as would have been legal in the first instance and would have 
been made or had in case such girl had not been sent to the state 
industrial school for girls. — R. 8. 3078 

319. Grirl sentenced not confined to jail — appeal. No girl, 
after sentence, shall be confined in any county or city jail, but 
the ofiicer to whom the writ of commitment shall be delivered 
shall forthwith convey such girl to the state industrial school for 
girls; Provided, Nothing in this act shall be construed to prevent 
any accused person from taking an appeal from the decision of 
any court or judge, under such forms as are now or may hereafter 
be prescribed by law. — R. S. 3081 

320. Term of commitment. All commitments to the state 
industrial school for girls shall be for the term of the girl's 
minority, which shall be until she shall have arrived at the age 
of twenty-one years. If, through oversight or otherwise, any 
person be sentenced to imprisonment in, or be committed to the 
state industrial school for girls for a definite period of time, said 
sentence, or term of commitment, shall not for that reason be 
void, but the sentence or commitment of such girl shall be until 
she is twenty-one years of age, and the girl so sentenced or com- 
mitted shall be entitled to the benefits and subject to the liabilities 
of this act the same as if she had been so sentenced or committed 
until she was twenty-one years of age. — R. S. 3082 



STATE OF COLORADO 161 

321. School non-sectarian — all clergymen may impart reli- 
gious instruction. Equal privileges shall be granted to the 
clergymen of all religious denominations to impart religious 
instruction to the inmates of said industrial school for girls and 
every opportunity shall be allowed such clergymen to give to the 
inmates belonging to their respective denominations such religious 
and moral instruction as said clergymen may desire, and the board 
of control shall prescribe reasonable times and places, not incon- 
sistent with the proper management of said school, where and 
when such instruction may be given, and all such instruction shall 
be open to all who may choose to attend. — R. S. 3083 



162 ANNOTATED SCHOOL LAWS 



STATE NORMAL SCHOOL 



322. Establishment of state normal school. A state normal 
school is hereby established at or near the city of Greeley, in the 
county of Weld and state of Colorado, the purpose of which shall 
be instruction in the science and art of teaching, with the aid of 
a suitable practice department, and in such branches of knowledge 
as shall qualify teachers for their profession; * * * — R. S. 6125 



STATE OF COLORADO 163 



STATE TEACHERS COLLEGE OF COLORADO 



323. State normal at Greeley — also known as state teachers ' 
college. The State Normal School at Greeley, Colorado, also shall 
be known and designated as, The State Teachers College of Colo- 
rado.—^. L. '11, p. 609 

324. Trustees — corporate powers — seal — make by-laws. Said 
school shall be under the control of a board of six trustees; the 
said board shall be and is hereby declared a body corporate by the 
name and style of "The Trustees of the State Normal School," 
and as such and by its said name may hold property for the use 
of said school, be party to all suits and contracts, and do all 
things thereto lawfully appertaining in like manner as municipal 
corporations of this state. The said trustees and their successors 
in office shall have perpetual succession, shall have a common 
seal, and may make by-laws and regulations for the well ordering 
and government of the said corporation and its business not 
repugnant to the constitution and laws of the state. — R. S. 6129 

325. Governor appoint trustees — ^term of office — oath — super- 
intendent of public instruction member. The governor shall, 
upon the approval of this act, appoint by the advice and with the 
consent of the senate, the six trustees mentioned and provided 
in this act, two of whom shall be appointed for the term of two 
years, two for the term of four years and two for the term of six 
years. Their terms of office shall begin from their appointment 
and qualification, and shall continue for the period for which 
they shall be so appointed and until their successors are appointed 
and qualified. Every two years after the first appointment afore- 
said, two trustees shall be appointed in like manner to succeed 
those whose terms are first thereafter to expire. Every trustee 
so appointed shall take and subscribe the oath of office prescribed 
by the constitution of this state before entering upon the duties of 
his office, which oath shall be placed and kept on file in the office 
of the secretary of state. The superintendent of public instruc- 
tion shall be, ex officio, a member of the board of trustees of the 
said state normal school. — R. 8. 6130 

326. Part of public school system — apportionment of funds 
— supervisory powers over. Said normal school is hereby consti- 
tuted an integral part of the public school system of this state, 



164 ANNOTATED SCHOOL LAWS 

and shall stand upon the same basis as to apportionment of state 
school funds as union high schools, and shall be subject as such to 
the general supervisory powers vested' by the constitution in the 
state board of education. — B. S. 6132 

327. ' Powers of trustees. Subject to the constitutional 
powers of the state board of education, the trustees of the state 
normal school shall have the general supervision of the state 
normal school, and the control and direction of its funds and the 
appropriations therefor. They shall have power to appoint a 
faculty, consisting of a principal and assistant principal, and 
such other professors as may be required therein; they may also 
appoint such assistant teachers as are found necessary. They 
shall also have power to remove said principal or assistant prin- 
cipal, or any professor, teacher or employe in or about said 
school, and to appoint or employ another or others instead ; to fix 
the salaries of each and to prescribe their several duties. They 
shall, with the advice and consent of the faculty, prescribe the 
various books to be used in said school, the course of study and 
instruction, which in no case shall cover a period of less than 
three years, and shall make all the needful rules, regulations and 
by-laws for the good government and management of the same. — 
R. S. 6133 

328. Qualifications for admission — examination — declaration. 
The said board of trustees shall prescribe the qualifications for 
admission of students to said normal school. Every applicant 
for admission shall undergo an examination by the faculty of 
said school, and if it shall appear that such applicant is not a 
person of good moral character, or fails to pass such examination, 
such applicant shall be rejected. Each applicant, except as here- 
after provided, shall, prior to his or her admission, also sign and 
file with the board of trustees a declaration to engage in the 
business of teaching in the public schools of this state. — R. S. 6139 

329. Open to residents of state — other persons — ^fees. The 
state normal school shall be open, subject to its regulations, to 
all persons resident in this state, sixteen years of age and upward, 
without charge for tuition ; and to other persons under such regu- 
lations as the board of trustees may prescribe, upon payment 
of a rate of tuition to be fixed by said board, and without the 
aforesaid declaration of intention to teach in the public schools 
of this state, said board of trustees shall also fix the fees for ad- 
mission- of pupils to the practice department of said normal school. 
—R. S. 6140 



STATE OF COLORADO 165 

330. Officers of board — duties — ^bond. The board of trustees 
shall elect from among their number, at the first and every suc- 
ceeding annual meeting of said board, a president, who shall 
preside at all meetings and perform such duties as are incumbent 
upon such office. The board shall also elect a secretary, who 
shall not be a member of the board, and who shall hold office 
for the term of one year, and until his successor shall be elected 
and qualified. The said secretary shall give bond in a sum to be 
fixed by the superintendent of public instruction for the faithful 
handling and true accounting and delivery of all moneys and 
property of said school coming to his hands or control, which 
bond shall be filed with the secretary of state, after approval of 
the sureties thereon by the said board of trustees. No secretary 
elected as aforesaid shall receive into his possession or control 
any money or property of said normal school until after he shall 
have executed his bond and the same shall have been approved 
and filed as aforesaid. The state treasurer shall be, ex officio, 
treasurer of the state normal school. — R. S. 6135 

331. Diplomas — ^examination — graduation. The state nor- 
mal school is authorized to grant diplomas to such students as 
shall have completed the full course of instruction in said normal 
school, shall have been recommended by the faculty, and shall 
have passed a final examination upon the branches embraced in 
the prescribed course of study; such examination to be conducted 
by the examining board, consisting of the state superintendent 
of public instruction, a county superintendent of schools within 
the state, appointed for the purpose by the governor, and the 
principal of said school. Such diploma, when signed by the mem- 
bers of said examining board and the president and secretary of 
the board of trustees, shall be evidence that the receiver thereof 
is a graduate of the state normal school, and entitled to all the 
honors and privileges of such graduates. — R. S. 6141 

332. Diploma license to teach — license annulled. The said 

diploma shall license the receiver thereof to teach in any of the 
public schools of this state when a certified copy thereof shall 
have been filed in the office of the county superintendent of 
schools in the county wherein such graduate is teaching or pro- 
poses to teach. Such license may be annulled by the state super- 
intendent of public instruction, who shall give immediate notice 
thereof to the several county superintendents of the state, and 
such license may be suspended in any county by the superin- 



U)Q ANNOTATED SCHOOL LAWS 

tendent of schools for such county, pending the action of the 
superintendent of public instruction. — R. S. 6142 

333. No fee for diploma. No fee shall be charged or re- 
ceived for any diploma or certificate authorized by this act, — 
R. S. 6143 

334. Eeport of trustees — contents — verification. The trus- 
tees of the state normal school shall make and file with the state 
board of education, on or before the first day of August in each 
year, a report of the affairs and conduct of said normal school 
during the year last preceding such report. Said annual report 
shall be made upon blanks prepared by the superintendent of 
public instruction, approved by the state board of education, and 
shall include the following, viz. : 

First — The number of students enrolled during the preceding 
year, their sex, age, residence and place of birth. 

Second — The attendance each day; the average attendance 
for each week and term, and during the year ; the number of days 
the school was taught in the year. 

Third — The full curriculum of instruction in said school; the 
classification and departments thereof; the branches taught; time 
devoted to each ; text books and apparatus in use ; number of 
books in the library ; requirements for admission and graduation, 
with dates and requirements for examinations. 

Fourth — The number of students in each department and 
class; number of diplomas granted, and to w^hom; number, names 
and residence of graduates; number of suspensions and expul- 
sions, and cause of same. 

Fifth — The names and number of teachers in each class and 
department, length of time each has been employed, and salary 
paid to each. 

Sixth — Names, individual employment and number of all 
other employes in and about the school, with rate and amount of 
wages paid to each. 

Seventh — A full financial statement, classified and itemized, 
of the business department of the school and corporation, cover- 
ing receipts and expenditures from and by all sources, and in 
such form as to show the average cost of the school per month 
for each pupil, and in gross for the year; cash on hand or deficit 
at the beginning and end of year. 

Eighth — ^An estimate of necessary expenditures, ordinary and 
special, for. the next ensuing year. 



STATE OF COLORADO 167 

Ninth — Such other particulars as the said board of education 
may require, necessary to a fair and complete showing and fair 
understanding of all the affairs of said normal school. 

Said report shall be signed by the president and secretary of 
the said board of trustees, and verified by the oath of one or more 
of their number. — R. S. 6138 

NORMAL SCHOOL AT GUNNISON 

335. School established at Gunnison. A State Normal School 
is herebj^ established at the city of Gunnison, in the county of 
Gunnison and state of Colorado, the purpose of which shall be 
instruction in the science and art of teaching, and in such 
branches of knowledge as shall qualify teachers for their pro- 
fession ; * * *— i^. S. 6144 

336. Management of school. Upon the completion of said 
(Gunnison Normal School) building, the same shall by said 
trustees be turned over and delivered to the trustees of the State 
Normal School at Greeley, and thereafter said school buildings 
and premises shall form a part of the Normal School system of the 
state, and shall be controlled and managed under the same laws 
and by the same board of trustees as have charge of the Normal 
School at Greeley.— A^. L. '09, p. 195 



168 ANNOTATED SCHOOL LAWS 



SCHOOL OF MINES 



337. Located at Golden. The state school of mines, located 
at Golden, in the county of Jefferson, is hereby declared to be a 
body corporate under the name of, ''School of Mines," and by 
that name may sue and be sued ; may take and hold real and per- 
sonal property by gift, bequest, devise, or purchase for the state ; 
and may sell and dispose of the same when authorized so to do 
by law.— i?. 8. 6015 

338. Board of trustees — term. There shall be a board of 
trustees of said school of mines, to be composed of five persons, 
who shall, except as hereinafter provided, hold their office for a 
period of four years and until their successors are appointed and 
qualified. * * *— i?. 8. 6016 

339. Control — management. The said board of trustees 
shall have the control and management of the said school of mines, 
and of the property belonging thereto, subject to the laws of this 
state, and may make all needful by-laws and regulations for the 
government of said board, and for the management and govern- 
ment of said school of mines, not inconsistent with the laws of 
this state.— i?. /S'. 6018 

340. Instruction provided for. The said school of mines 
shall have for its object, to furnish such instruction as is pro- 
vided for in like technical schools of a high grade, and may, by 
its board of trustees, confer all degrees appropriate to the courses 
of study pursued. — R. S. 6019 

341. School open to all. The said school of mines shall be 
open and free for instruction to all bona fide residents of this 
state, without regard to sex or color, and with the consent of 
said board, students from other states or territories may receive 
education thereat upon such terms and at such rates of tuition 
as the board may prescribe. — R. 8. 6021 

342. Governor appoints trustees with consent of senate. The 
Governor of this state, with the advice and consent of the Senate, 
shall, at each regular session of the general assembly to be held 
after the year 1877, by appointment, fill all vacancies in said 
board of trustees occurring either by expiration of their term 



STATE OF COLORADO 169 

of office or otherwise ; and any vacancy occurring in such board 
when the general assembly is not in session may be temporarily 
filled by the Governor until the next meeting of the general 
assembly; Provided, That at all times, at least one member of 
said board of trustees shall be a graduate of said school of mines 
upon whom a degree has been conferred by its board of trustees 
not less than ten years prior to his appointment. — ^. L. '09, p. 501 



170 ANNOTATED SCHOOL LAWS 



STATE HOME FOR DEPENDENT AND NEGLECTED 
CHILDREN 



343. State home established. There shall be established in 
or near Denver, in this state, and maintained by the state, an 
institution which shall be known as the state home, and it shall 
be for a home for the children of sound mind and body under 
sixteen years of age, who are dependent on the public for sup- 
port; Provided, That the board of control of said home shall 
have authority to admit, in their discretion, any child dependent 
or neglected, regardless of its physical condition. — R. S. 568 

344. Board of control — appointment — term. The general 
supervision and government of said home shall be vested in a 
board of control, to consist of five members, who shall be ap- 
pointed by the governor; the members of which board shall hold 
their offices for the respective terms of one for two, two for four, 
and two for six years, from the first Wednesday of April, 1895, 
and until their successors shall be appointed and qualified ; no 
more than two of whom shall belong to the same political party, 
and at least two of whom shall be women; said respective terms 
of office to be designated in their respective appointments; and 
thereafter there shall be one member of said board appointed 
every six years, commencing first Wednesday in April * * * 
by the governor, whose term of office shall continue for six years, 
or until his or her successor is appointed and qualified * * * 
—R. S. 569 

345. Object of home — dependent children received — guard- 
ianship. The object of this act is to provide a temporary home 
for dependent and neglected children in said home, where they 
shall be retained only until they can be placed in family homes ; 
Provided, That in the discretion of the board the child may be 
retained as long as its best interests may require in said home. 
There shall be received into said home those children who have 
been declared to be dependent on the public for support, as herein 
provided, and they shall be retained therein until they are six- 
teen years of age, unless they shall before that age be sent 
out as herein provided. The said board may, in their discretion, 
retain any children in said home after they shall become sixteen 
years of age, when they shall deem such course for the best 



STATE OF COLORADO 171 

interest of such children. The said board are hereby made the 
legal guardians of the persons and estates of all children admitted 
to said home pursuant to law ; which guardianship shall continue 
during the minority of such children, except in the cases where, 
under this act, the guardianship may be cancelled by resolution 
adopted by said board. — -R. S. 572 

346. Children placed in private homes — contract of appren- 
ticeship. The said board are authorized, and it shall be the duty 
of said board of control, to use special diligence in placing the 
children admitted to said home in suitable family homes, which 
shall be approved as herein provided, on written contracts to 
remain until they are twenty-one years of age. * * * Such 
contracts shall provide for the education of the children in the 
public schools where they reside at least six months in each year; 
for teaching them some useful occupation; for kind and proper 
treatment as members of the families where placed, and for the 
payment on the termination of the contract, to said board, for 
the use and benefit of said children, such sum of money as shall 
be named in the contract ; Provided, however. That in the dis- 
cretion of said board, in the case of children not on indenture 
and over sixteen years of age, such contract may provide only 
for wages to be paid to the child or to said board for the benefit 
of the child and for kind and proper treatment. Every such con- 
tract shall contain a clause reserving the right to said board to 
cancel the same whenever they may deem that the interests of 
the child require it, and may also contain a clause authorizing 
the person taking the child to cancel the same at any time, within 
sixty days from the date of the contract, on returning the child 
to the home free of expense to said home. All moneys earned 
by said child or received from an indenture contract shall be 
turned over to said child when, for any reason, the guardianship 
of the board shall cease. — R. S. 573 

347. Guardianship cease when ward becomes self-supporting 
— classes of children returned to counties. Whenever any ward 
of said board who is not indentured has become self-supporting, 
the said board may, at their discretion, so declare the fact by 
resolution, and thereupon said guardianship shall cease and the 
child shall thereafter be entitled to its own earnings. Whericver 
one or both of the parents of any ward of said board, who is not 
indentured, have become able to support the child and educate 
it, the child may by resolution adopted by said board be restored 



172 ANNOTATED SCHOOL LAWS 

to its parents, in which case the suitableness of the home shall 
be certified in the manner herein provided for placing children on 
indenture, and thereupon the guardianship of said board shall 
cease. The said board are authorized to return to the counties 
from which they were sent the following classes of children : 

First — Those who have become sixteen years of age, and 
who for any reason cannot be placed or retained in a family home. 

Second — Those who by reason of vicious habits or incorrigi- 
bility cannot be placed or retained in family homes. 

Third — Those who, in the opinion of said board, based on 
the certificate of the physician of said home, are of unsound mind 
or body, or who have some serious physical disability which pre- 
vents their being placed in family homes or learning trades. 
Whenever any child shall be ordered by said board to be returned 
to its county, as herein provided, the guardianship of said board 
shall cease, and the child shall thereupon again become a charge 
on the county from which it was sent; and the superintendent 
of said home, in returning any child to its county, shall report 
in writing to the county commissioners of the proper county the 
action of said board and the reasons therefor. — R. S. 574 



STATE OF COLORADO 173 



STATE HOME AND TRAINING SCHOOL FOR MENTAL 
DEFECTIVES 



348. Establish home. There is hereby established the state 
home and training school for mental defectives. The essential 
object of said school and home shall be the mental, moral, physical 
education and training of feeble-minded children and the treat- 
ment and care of persons so mentally defective as to be incom- 
petent to care for themselves or their property. — S. L. '09, p. 180 

349. Management of state home. The management of the 
said state home and training school for mental defectives shall be 
under the supervision of a board of three commissioners, who shall 
be residents and electors of the state of Colorado, who shall have 
full control thereof, as hereinafter provided. The board of com- 
missioners shall be appointed by the governor, by and with the 
consent of the senate, * * * and not more than two of the 
commissioners shall be of the same political party; * * * 
each commissioner shall be appointed for the term of six years. 
The governor shall have the power of removal of any commis- 
sioner for cause, specifically stated. * * * — ^. L. '09, p. 180 

350. Superintendent — matron — appointment. Within ninety 
days after appointment, the commissioners shall, with the ap- 
proval of the governor, appoint a superintendent, who shall be 
a skilled physician, who has had not less than two years' expe- 
rience in a similar institution, he shall be competent to direct the 
medical, hygienic, educational and industrial interests of said state 
home and training school; he shall reside at the state home and 
training school, and shall have a general supervision over its 
affairs. * * * Said board of commissioners shall in like man- 
ner appoint a matron, who shall be an assistant to the superin- 
tendent, especially in the caring for females admitted to said state 
home and training school, she shall have had at least one year's 
experience in a similar institution, and shall reside permanently 
at said state home and training school. * * * The superin- 
tendent shall, with the approval of the commissioners, appoint 
such office assistants, teachers, attendants, foremen and other em- 
ployes, who shall be residents and electors of the state of Colo- 
rado, as may be required from time to time. * * * — ^. j^. 'QQ^ 
p. 181 



174 ANNOTATED SCHOOL LAWS 

351. Who admitted to state home. There shall be admitted 
to the state home and training school, feeble-minded persons 
incapable of receiving instruction in the public schools, also 
epileptics and feeble-minded adults unable to care for themselves 
or their property; provided, that the applicant, or his legal 
guardian shall, be a bona fide resident of Colorado. "When parents, 
or feeble-minded persons, are able to pay the whole or any part 
of the maintenance it shall be required of them. There may be 
admitted from other states and territories feeble-minded persons ; 
provided, that after all Colorado applicants are cared for there 
shall be room, and provided, that such non-resident applicants 
shall not be afflicted with tuberculosis or other contagious dis- 
eases, and provided, that the entire expense, including room rent, 
board and training shall be paid by the parents, state or territory 
making such application. * * * — S. L. '09, p. 182 



STATE OF COLORADO 175 



TRUANT SCHOOLS 



'352. Truant schools to be established — ^in what cities. Thai 
in cities having a population of 100,000 inhabitants or more, 
there shall be established, maintained and conducted within two 
years from the date of taking effect of this act, one or more 
parental or truant schools for the purpose of affording a place 
of confinement, discipline, instruction and maintenance of chil- 
dren of compulsory school age who may be committed thereto in 
the manner hereinafter provided. — R. l^. 5978 

353. Sites — location — furniture — fixtures — no increase of 
levy. For the purpose of establishing such school or schools, 
sites may be purchased and buildings constructed or premises 
rented in the same manner as is provided for in the case of public 
schools in such cities; but no such school shall be located at or 
near any penal institution. 

And it shall be the dutj^ of the board of education to furnish 
such schools with such furniture, fixtures, apparatus and pro- 
visions as may be necessary for the maintenance and operation 
thereof; Provided, That nothing in this act shall be construed to 
permit an increase of the levy for school purposes beyond the 
limit fixed by law.— i?. S. 5979 

354. Officers — course of instruction. The board of educa- 
tion may also employ a superintendent and all other necessary 
officers, agents and teachers ; and shall prescribe the methods 
of discipline and the course of instruction ; and shall exercise the 
same powers and perform the same duties as is prescribed by law 
for the management of other schools. — R. S. 5980 

355. No religious instruction in school — religious training. 
No religious instruction shall be given in such school, except such 
as is allowed by law to be given in public schools ; but the board 
of education shall make suitable regulation so that the inmates 
may receive religious training in accordance with the belief of 
the parents of sUch children, either by allowing religious services 
to be held in the institution or by arranging for attendance at 
public service elsewhere. — R. S. 5981 

,356. Habitual truant — petition to county court. It shall be 
the duty of any truant officer or agent of such board of education 
to petition, and any reputable citizen of the city may petition 



176 ANNOTATED SCHOOL LAWS 

the county court of the county to inquire into the case of any 
child of compulsory school age who is not attending school, or 
who has been guilty of habitual truancy, or of persistent viola- 
tion of the rules of the public schools, and the petition shall also 
state the names, if known, of the father and mother of such 
child, or the survivor of them ; and if neither father nor mother 
of such child is living, or cannot be found in the county, or if 
their names cannot be ascertained, then the name of the guardian, 
if there be one known, and if there be a parent living whose 
name can be ascertained, or a guardian, the petition shall show 
whether or not the father or mother or guardian consents to 
the commitment of such child to such parental or truant school. 
Such petition shall be verified by oath upon the belief of the 
petitioner, and upon being filed, the judge of the county court 
shall have such child named in the petition brought before him 
for the purpose of determining the application in said petition 
contained. But no child shall be committed to such school who 
has ever been convicted of any offense punishable by confinement 
in any penal institution. — R. ^.5982 

357. Hearing — commitment — notice to parent. Upon the 
filing of such petition the clerk of the court shall issue writ to 
the truancy officer of the district, directing him to bring such 
child before the court; if the court shall find the material facts 
set forth in the petition are true, and if in the opinion of the 
court such child is a fit person to be committed to such parental 
or truant school, to be kept there until he or she arrives at the 
age of fourteen years, unless sooner discharged in the manner 
hereinafter set forth, subject to the right of appeal as in cases 
of misdemeanor in the county courts. Before the hearing afore- 
said, notice in writing shall be given to the parent or guardian 
of such child, if known, of the proceedings about to be instituted, 
that he or she may appear and resist the same, if they so desire. 
~R. S. 5983 

358. Parent or guardian pay maintenance. It shall be the 
duty of the parent or guardian of any child committed to this 
school to pay the actual cost of board of such child and provide 
suitable clothing upon his or her entry into such school, and from 
time to time thereafter as it may be needed, upon notice in writing 
from the superintendent or other proper officer of the school. In 
case any parent or guardian shall refuse or neglect to furnish 
such clothing or pay for such board, the same may be provided 
by the board of education, and such board may have an action 



STATE OF COLORADO 177 

against such parent or guardian of said child to recover the cost 
of such clothing and board, with 10 per cent, additional thereto. — 
R. 8. 5984 

359. Board of education establish regulations for parole. 
The board of education of such city shall have power to establish 
rules and regulations under which children committed to such 
parental or truant school may be allowed to return home upon 
parole, but to remain while upon parole in the legal custody and 
under control of the officer and agents of such school and subject 
at any time to be taken back within the enclosure of such school 
by the superintendent or any authorized officer of said school, 
except as hereinafter provided; and full power to enforce such 
rules and regulations to retake any such child so upon parole is 
hereby conferred upon said board of education. No child shall 
be released upon parole in less than four weeks from the time of 
his or her commitment, nor thereafter until the superintendent of 
such parental or truant school shall have become satisfied from 
the conduct of such child that, if paroled, he or she will attend 
regularly the public or private school to which he or she may be 
sent by his or her parents or guardians, and shall so certify to 
the board of education. — R. S. 5985 

360. Monthly report — discharge — recommitment. It shall 
be the duty of the principal or other person having charge of the 
school to which such child so released on parole may be sent, to 
report at least once each month to the superintendent of the 
parental or truant school, stating whether or not such child 
attends school regularly, and obeys the rules and regulations of 
such school; and if such child so released upon parole shall be 
regular in his or her attendance at school, and his or her conduct 
as pupil shall be satisfactory for a period of one year from date, 
on which he or she was released upon parole, he or she shall then 
be finally discharged from the parental or truant school, and shall 
not be recommitted thereto, except upon petition as hereinbefore 
provided.— i2. S. 5986 

361. Violation of parole — penalty — second parole. In case 
any child released from school upon parole, as hereinbefore pro- 
vided, shall violate the conditions of his or her parole at any time 
within one year thereafter, he or she shall, upon the order of the 
county court, as hereinbefore provided, be taken back to such 
parental or truant school, and shall not be again released upon 
parole within the period of three months from the date of such 
re-entering; and if he or she shall violate the conditions of a 



178 ANNOTATED SCHOOL LAWS 

second parole, he or she shall be recommitted to such parental or 
truant school, and shall not be released therefrom on parole, until 
he or she shall remain in such school at least one year. — R. 8. 5987 

362. Incorrigible — committed to reformatory. In any case 
where a child is incorrigible and his or her influence in such 
school shall be detrimental to the interests of the other pupils, 
the board of education may authorize the superintendent or any 
officer of the school to represent these facts to the county court 
by petition ; and the court shall have power to commit said child 
to some juvenile reformatory. — R. S. 5988 

363. Established in cities over 25,000, under 100,000. The 
boards of education in cities having a population of over 25,000, 
and less than 100,000, may establish, maintain and operate a 
parental or truant school for the purpose hereinbefore specified, 
and in case of the establishment of such a school, the boards of 
education shall have like power in their respective cities as here- 
inbefore expressed; provided, that no board of trustees or board 
of education under this section shall put this law into effect until 
submitted to a vote of the people and adopted by a majority vote 
at some general election, in which case school districts in the 
same municipality may unite in the establishment and mainte- 
nance of one such truancy school. — R. S. 5989 



STATE OF COLORADO 179 



UNIVERSITY 



364. Studies — qualifications of students. The objects of the 
university of Colorado, established by law, near Boulder City, in 
Boulder County, and state of Colorado, shall be to provide the 
best and most efficient means of imparting to young men and 
women, on equal terms, a liberal education and thorough knowl- 
edge of the different branches of literature, the arts and sciences, 
with their varied applications. The university, so far as practi- 
cable, shall begin the course of study in its collegiate and scien- 
tific departments at the points where the same are completed in 
high schools, and no student shall be admitted who has not pre- 
viously completed the elementary studies in such branches as are 
taught in the common schools throughout the state. — R. 8. 6933 

365. Each county entitled to one pupil free. Each county 
shall be entitled to send one pupil under the age of 16 years to 
said university, tuition free ; said pupil to be selected by competi- 
tive examination before the county superintendent of such county 
and given to the highest scholarship. — R. 8. 6934 

366. Tuition fee. Provided that said university shall charge 
a reasonable tuition fee for all students attending from outside 
the state, or whose parents reside outside the state of Colorado. — 
R. 8. 6935 

367. Religious or irreligious control. The university shall 
never be under the control of any religious or irreligious denomi- 
nation or society whatever. — R. 8. 6936 

368. Regents — election — term of office. The university shall 
be governed by a board of six regents, who shall be elected by the 
people of the state at a general election. * * * The regents 
thus elected and their successors in office shall constitute a body 
corporate to be known by the name and style of the regents of the 
university of Colorado. — R. 8. 6937 

Note. See article 9, section 12, constitution. 

369. Departments — degrees — diplomas. The university shall 
include a classical, philosophical, normal, scientific, law and 
such other departments, with such courses of instruction and 
elective studies as the board of regents may determine, and a 
department of physical sciences, and the board shall have 
authority to confer such degrees, and grant such diplomas and 



180 ANNOTATED SCHOOL LAWS 

other marks of distinction, as are usually conferred and granted 
by other universities ; and the board of regents is hereby author- 
ized to establish a preparatory department, which shall be under 
the control of said board of regents, as are the other departments 
of the university. * * * — R. S. 6945 

370. Report — contents. The president of the university shall 
make a report on the first day of September of each year to the 
board of regents, which shall exhibit the condition and progress 
of the institution in its several departments, the different courses 
of study pursued therein, the branches taught, the means and 
methods of instruction adopted, the number of students, with 
their names, classes and residences, and such other matters as he 
may deem proper to communicate. — R. S. 6954 

371. Regents report to superintendent of public instruction. 
The board of regents shall, on the first day of October preceding 
each meeting of the general assembly, make a report to the super- 
intendent of public instruction, which report, with that of the 
president, shall be embodied in the said superintendent's report 
to the general assembly. The report of the board of regents shall 
contain the number of professors, tutors and other officers, with 
the compensation of each ; the condition of the university fund, 
and the income received therefrom, and from all other sources; 
the amount of expenditures and the items thereof ; and such other 
information and recommendations as may be expedient to lay 
before the general assembly. — R. 8. 6955 



STATE OF COLORADO 181 



STATE SUPERINTENDENT OF PUBLIC INSTRUCTION 



372. Election of state superintendent. At the general 
election, to be held in the year of our Lord one thousand eight 
hundred and seventy-eight, and every two years thereafter, a 
state superintendent of public instruction shall be elected by the 
qualified electors of the state, who shall hold office for the term of 
two years from the second Tuesday of January next after his 
election, and until his successor is duly elected and qualified. — 
R. S. 5871 

373. Oath and bond of superintendent. Before entering 
upon his duties he shall take and subscribe the oath of office pre- 
scribed by the constitution, and shall also execute a bond in the 
penalty of five thousand dollars, payable to the state of Colorado, 
with sureties to be approved by the state auditor, conditioned 
upon the faithful discharge of his official duties, and the delivery 
to his successor of all books, papers, documents and other prop- 
erty belonging to the office. Said bonds and oath shall be depos- 
ited with the secretary of state. — R. S. 5872 

374. Duties of superintendent. He shall have an office at 
the seat of government, where shall be kept an official seal, and 
all books and papers appertaining to the business of his office. 
He shall file all papers, reports and public documents transmitted 
to him by the school officers of the several counties, each year 
separately, and hold the same in readiness to be exhibited to the 
governor, or to any committee of either house of the general 
assembly. Copies of all papers filed in his office, and his official 
acts, may be certified by him, and when so certified, shall be 
evidence equally and in like manner as the original papers. He 
shall decide all points touching the construction of the school 
laws, which may be submitted to him in writing by any school 
officer, teacher or other person in the state, and his decisions shall 
be held to be correct and final until set aside by a court of compe- 
tent jurisdiction, or by subsequent legislation ; and said decision, 
correspondence and instructions may be communicated through 
the columns of any regularly published periodical that is devoted 
to the interest of education. He shall prepare lists of questions 
for the use of county superintendents at the quarterly examina- 
tion of teachers, and make such suggestions concerning theii use 



182 . ANNOTATED SCHOOL LAWS 

as shall tend to secure uniform examinations in the different 
counties; and he may call to his aid, in the preparation of said 
questions, such assistance as he may deem proper. — R. S. 5873 

Note. In regard to books received for use of the supreme court see 
R. S. 1428. 

375. Furnish blanks — cost — prepare laws. He shall have a 
general supervision of all the county superintendents, and of the 
public schools of the state. He shall prepare, have printed and~ 
furnished to teachers and all officers charged with the administra- 
tion of the laws relating to public schools, such blank forms, 
registers and books as may be necessary to the discharge of their 
duties; but he shall not copyright such forms, nor be directly nor 
indirectly compensated by reason of the sale thereof. All register 
and blank books so furnished for the use of teachers and school 
officers shall be charged to the respective counties at cost, and 
the county superintendent of schools shall receipt for and dis- 
tribute the same among the districts of his county as they may 
require ; and the amount so charged against each county shall be 
deducted from the amount apportioned to such county a.t the semi- 
annual apportionment of the state school fund; and the superin- 
tendent of public instruction shall certify to the state treasurer 
the aggregate amount of such deductions, and the treasurer shall 
thereupon transfer said amount from the school fund subject to 
apportionment to the general fund. The superintendent of public 
instruction shall have the laws relating to public schools printed 
in pamphlet form, and annexed thereto forms for making reports 
and conducting school business, and shall supply school officers, 
school libraries and state libraries with a copy each. Said print- 
ing to be paid for out of the printing fund, on warrant of the 
auditor, on bills approved by the superintendent of public instruc- 
tion, and attested by the secretary of state. — R. S. 5874 

Note. See enabling act, section 14. 

376. Biennial report — visits — expenses. He shall, on or 
before the tenth day of December, in every year preceding that in 
which shall be held a regular session of the general assembly, 
report to the governor the condition of the public schools, the 
amount of state school fund apportioned, and sources from which 
derived, with suggestions and recommendations relating to the 
affairs of his office as he may think proper to communicate. It 
shall be his duty to visit annually such counties in the state as 
most need his personal attendance, and all counties, if practi- 
cable, for the purpose of inspecting the schools, awakening and 



STATE OF COLORADO 183 

guiding public sentiment in relation to the practical interests of 
education, and diffusing as v/idely as possible, by public addresses 
and personal communication with school teachers and parents, a 
knowledge of existing defects and of desirable improvements 
in the government and instruction of the schools ; and he shall 
open such correspondence as may enable him to obtain all neces- 
sary information relating to the system of public schools in other 
states ; and he shall receive out of the state treasury, for actual 
necessary traveling expenses and other expenses while traveling 
on the business of the department, not exceeding five hundred 
dollars per annum, for which he shall render an itemized bill to 
the auditor of state, who is hereby authorized to draw his warrant 
therefor; and all office, fuel, furniture, postage, books, stationery, 
and other contingent expenses pertaining to his office shall be fur- 
nished in the same manner as those of the other departments of 
the state government. — R. S. 5875 

377. Apportionment of school fund. It shall be the duty of 
the state auditor to notify the superintendent of public instruc- 
tion of the amount of money in the state treasury to the credit of 
the public school income fund, on the thirtieth day of June and 
December in each year. "Within fifteen days after receiving such 
notification, the superintendent of public instruction shall appor- 
tion said fund among the several counties of the state, from which 
reports have been received by said superintendent, as provided in 
this act in proportion to the school population as shown by the 
report of each county for the year next preceding such apportion- 
ment, making such deductions as are provided in section nine of 
said chapter. And the superintendent of public instruction shall 
certify said apportionment to the state auditor, and upon such 
certificate the auditor shall draw his warrant on the state treas- 
urer in favor of the county treasurer of each county, for the 
amount due said county. The superintendent shall also certify 
to the superintendent of each county the amount apportioned to 
such county. — R. S. 5887 

Note. Section 9 referred to in ttiis section is section 375. 

378. Assistant librarian — salary. He may employ an assist- 
ant librarian, who shall have charge of the state library, under 
such regulations as may be prescribed by the state librarian, or 
by law. Said assistant shall receive the annual salary of one 
thousand dollars for his services. — R. S. 5876 



184 ANNOTATED SCHOOL LAWS 



TAXES 



COUNTY SCHOOL TAXES 

379. County commissioners shall cause school tax to be 
levied. The county commissioners shall, at the time of levying 
the tax for county purposes, cause to be levied a tax for the 
support of the schools within the county, of not less than two 
mills on the dollar, of the assessed value of all taxable property, 
real and personal, within the county, which tax shall be collected 
by the county treasurer at the same time, and in the same manner, 
as state and county taxes are collected, except that it shall be 
receivable only in cash. It is hereby made the duty of the county 
superintendent of schools to certify to the board of county com- 
missioners at this time the amount of money needed per capita, 
to enable each school district in the county to maintain a public 
school four months in each year, as required by law. In making 
his estimate, the county superintendent shall not take into consid- 
eration districts whose school population shall be less than fifteen, 
as shown by the school census preceding the time of making the 
levy. He shall use as a basis for making his estimate the sum of 
forty dollars per month for the teacher's salary. All other ex- 
penses of the school must be provided for by the board of directors 
by special tax. It is hereby made the duty of the county commis- 
sioners to increase the minimum rate of two mills, to what shall 
be required for the purpose, as stated as above; Provided, That 
such tax levy shall in no case exceed five mills ; Provided, further. 
If any school district shall fail to certify a special tax for other 
expenses of the district necessary to maintaining a public school 
each year, as provided for in section seventy-seven, the county 
commissioners shall cause the same to be levied. — R. 8. 5893 

Note. Section 77 above referred to is section 240 herein. 

379 (a). Certification of valuation to school districts. On 
or before October 25 of each year the county assessor shall 
certify to the county superintendent of schools the assessable 
valuation of all property within each school district in the county. 
The county superintendent of schools is required to immediately 
notify the clerks of the several school boards of the several school 
districts within the county, and upon receipt of said notice each 
school board shall make their levy and certify same to the county 



STATE OF COLORADO 185 

superintendent of schools on or before November 1st of the current 
year. Upon receipt of said certification the county superintendent 
of schools shall immediately certify the levy of the several school 
districts of the county to the county commissioners. — S. L. 'IS, 
p. 527 

379 (b). All statutory rates making provision for fixing the 
limit of indebtedness are hereby decreased in the same proportion 
as the assessed valuation of the taxing districts to which they 
apply is increased. 

1. Except as herein otherwise provided, all statutory rates 
making provision for the revenues of the state and for state 
institutions, schools, towns, cities and for all other purposes, are 
hereby so reduced as to prohibit the levying of a greater amount 
of revenue on the assessed value of the year 1913 than was levied 
for the year 1912, plus fifteen per cent. For each year after 1913 
the tax rate shall be so limited as not to levy a greater amount 
of revenue than was levied the preceding year, plus five per cent. 

2. Except as herein otherwise provided, the exercise of the 
taxing power by the General Assembly and by every taxing body 
to which authority has been delegated by the General Assembly 
to exercise the power of taxation, is hereby limited so as to pro- 
hibit the levying of a greater amount of revenue on the assessed 
value of 1913 than was levied on the assessed value of 1912 or 
the last preceding year when a levy was made, plus fifteen per 
cent. For each year after 1913 the authority of all taxing bodies 
shall be so limited as to prohibit the levying of a greater amount 
of revenue than was levied the preceding year, plus five per cent. 

3. If any board of levy or any officer that is charged with 
the duty of levying a tax in any taxing district, except the state, 
shall be of the opinion that the amount of tax limited by this act 
will be insufficient for the needs of such taxing district for the 
current year, the question of an increased levy may be submitted 
to The Colorado Tax Commission and it shall be the duty of The 
Colorado Tax Commission to examine into the needs of such tax- 
ing district and ascertain from such examination the financial 
condition thereof and if, in the opinion of The Colorado Tax 
Commission, such taxing district is in need of additional funds 
the said Commission may recommend an increased levy for such 
taxing district above the limits hereinbefore applied and such 
taxing district is authorized to make such excess levy not exceed- 
ing five mills on the dollar of the valuation of such district ; Pro- 
vided, that in case The Colorado Tax Commission refuses or fails 



186 ANNOTATED SCHOOL LAWS 

to recommend such increased levy or that the excess levy not 
exceeding five mills is insufficient to meet the required needs of 
such taxing district, the question may be submitted to the voters 
of such taxing district at a general or at a special election called 
for the purpose and in the manner provided by law for calling 
special elections in such taxing district. If any such question of 
increasing the levy shall' be submitted at any election as before 
set forth, due notice thereof shall be given for at least thirty days 
in advance of such election by publication in some newspaper 
published in such taxing district, except school districts, and in 
school districts, notice shall be given by posting a notice of such 
election at the school houses in such district. If three-fourths of 
the votes cast at any such election shall be in favor of the 
increased levy as named in said election notice, then the officers 
charged with levying taxes, may make such increased levy for the 
year voted upon and thereafter the limitation of this act shall 
apply unless an increased levy for the particular year shall be 
voted at another election in like manner. — 8. L. '13, p. 527; 
amended C. L. '15. See 14a, p. 21, supra. 

4. This act shall in no way limit the amount of any levy 
necessary to be made for the purpose of paying anj'' bonded debt 
or outstanding warrants heretofore lawfully issued, judgment or 
the interest thereon against the state, on any county, city, town 
or school district or for special assessments for local iniprovo- 
ments. 

Note. These acts or parts of acts refer to school districts. 

380. County clerk must levy — officer failing — forfeiture. 

No county clerk or other person, who shall make out the tax list 
or assessment roll of any county, shall omit or neglect to levy said 
tax of two mills, as aforesaid, by reason of the omission of the 
board of county commissioners to pass a resolution for that pur- 
pose. Failure to levy a tax of at least two mills, as above specified, 
shall be deemed a violation of the law, and the person or persons 
through whose neglect or refusal the failure so to levy shall occur, 
shall forfeit the sum of one hundred dollars each, and be liable 
for all damages resulting from such neglect or failure. — R. B. 
5894 

381. School boards certify amount needed to county commis- 
sioners — not exceed twenty mills — duties of assessors and treas- 
urer — tax for library. On or before the day designated by law 



STATE OF COLORADO 187 

for the commissioners of each county to levy the requisite taxes 
for the then ensuing year, the school board in each district shall 
certify to the board of county commissioners a statement showing 
the aggregate amount, which, in the judgment of said school 
board, it is necessary to raise from the taxable property of said 
district, to create a special fund for any of the purposes specified 
in section 51 of this chapter; said statement shall also show the 
items composing said aggregate and the purpose to which it is 
intended to devote each sum so itemized. It shall thereupon be 
the duty of the county commissioners to levy, at the same time 
that other taxes are levied, such rate, within the limits allowed 
by law, as will produce the aggregate amount so certified. The 
amount of such special tax, which shall be assessed to each tax 
payer of such district, shall be placed in a separate column of 
the tax book, which shall be headed "Special School Tax," Pro- 
vided, in the case of districts of the third class no higher rate 
than twenty mills per dollar shall be levied. There shall also be 
a column in said tax book in which shall be designated the 
number of the school district in Avhich the property is listed. This 
tax shall be collected in cash only, and placed to the credit of the 
proper district as fast as collected, and the amount placed to the 
credit of each district shall be reported to the secretary of such 
district at the end of every month, and shall be subject to the 
order of the district board. It is hereby made the duty of the 
county assessor and county treasurer to so arrange their tax 
schedules and books as to conform to the above provision ; Pro- 
vided, That the county assessor shall list all property, both real 
and personal, in the school district in which the same may be on 
the first day of May; And provided, further. That the board of 
any district may include in said certified statement an item for 
the purchase of books for a library, to be open to the public, under 
such rules as the district board may deem needful for the proper 
care of the said library ; but no levy made for this purpose shall 
exceed one-tenth of one mill, and the money accruing therefrom 
shall be used for the purposes of such library, and for no other 
purpose whatsoever. — 8. L. '11, p. 585 

Note. Section 51 above referred to is section 124 -herein. 

See H. B. 262, teachers' minimum salary law. 

SPECIAL TAX 

382. Special tax levy not to be reconsidered. It shall not be 
lawful for a district or a district board to reconsider the question 



188 ANNOTATED SCHOOL LAWS 

of the levy of a special tax after the same has been certified to the 
county commissioners, nor shall said commissioners be charged 
with any discretion in the matter of such levy further than to 
ascertain if the law has been obeyed. — R. 8. 5896 



STATE OP COLORADO 189 



TEACHERS 



383. Must have license — expiration — proviso. No district 
board shall employ any person to teach in any of the public 
schools of the state, unless such person shall have a license to 
teach, issued from the proper district, county or state authority, 
and in full force at the date of employment; and any teacher who 
shall commence teaching in any such school without such license, 
shall forfeit all claim to compensation out of the school fund for 
the term so teaching without such license. And if a teacher's 
license shall expire by its own limitation within a term of employ- 
ment, such expiration shall not have the effect to stop the school, 
or stop the teacher's pay; Provided, That a teacher whose cer- 
tificate so expires, if the term of school for which such teacher 
is employed extends more than one month after such expiration, 
shall secure a new certificate, or a renewal of the one held while 
the same is in force ; And, provided, further. That a certificate 
shall not be required of persons employed to teach either music, 
drawing or modern languages only. No teacher shall be dismissed 
without good cause shown, and such teacher shall be entitled to 
receive pay for services rendered. — R. S. 5990 

Note. Kindergarten teachers, section 233. 

Note. For powers and duties generally see pages 167 and 168 herein. 
Note. For different grade certificates see section 47 herein. 
Note. For examinations see section 149 herein and decisions there- 
under. 

384. Teachers to keep register — statistics — blanks. It shall 
be the duty of the teacher of every public school in this state to 
keep, in a neat and businesslike manner, a daily register in such 
form and upon blanks as shall be prepared by the superin- 
tendent of public instruction. At the close of each term of school, 
not to exceed four months, the teacher shall file the summary in 
such register, and, in ungraded schools, file the register with the 
secretary of the district, who shall preserve the same ; in graded 
schools the register aforesaid shall be filed with the principal or 
superintendent of the district, in which case said principal or 
superintendent shall make an abstract of the summaries of all 
such registers upon blanks prepared by the superintendent of 
public instruction, and file the same with the secretary, which 



190 ANNOTATED SCHOOL LAWS 

shall also be preserved. The teacher, principal or superintendent, 
as the case may be, who is in charge of the last term of school in 
any school year, shall file with the secretary a summary of the 
statistics for the year, as shown by the summarized reports of 
all the terms during the year. The principal teacher of every 
public school, within one week after the beginning of each term, 
shall notify the county superintendent of the date of such 
beginning and the proposed length of the term. Nothing in 
this section shall be construed to prohibit any district board 
from requiring teachers, principals and superintendents to keep 
any additional registers and records of statistics which such 
board may deem advisable. Until the registers, summaries and 
abstracts herein above described have been filed as aforesaid, it 
shall be unlawful for the officers of any district to draw a warrant 
for the last month's salary of any teacher, principal or superin- 
tendent whose duty it is to make and file such register, summary 
or abstract. All blanks required in the execution of this section 
shall be supplied by the superintendent of public instruction to 
county superintendents, and by them to district secretaries. — R. S. 
5995 

384 (a) . To provide a minimum salary for teachers. Section 1. 
On or before the day designated by law for the commissioners of 
each county to levy the requisite taxes for the then ensuing year, 
the school board of each district shall certify to the board of county 
commissioners that part of the special tax levy, such part not to 
exceed ten mills, which shall be sufficient with all other appor- 
tionments from state or county, for said district to pay each 
teacher in the district the sum of fifty dollars ($50) per month for 
a term of not less than six months in each school year, and such 
parts of th& special tax levy shall be made by the county commis- 
sioners and used for the purpose of paying teachers' salaries only. 
Provided, that by and with the consent of the county superin- 
tendent of schools, school districts in altitudes of 8,000 feet and 
upwards may limit for climatic reasons, their school term to not 
less than four months. The teachers in said school shall receive 
fifty dollars ($50) per month for the time employed. Nothing in 
this act shall operate to prevent any school board from employing 
its teacher or teachers for a longer term or from paying a larger 
salary per month than is herein prescribed. 

Sec. 2. If any school district in any county in the state is un- 
able, with the levy provided in section 1 together with the ordinary 



STATE OP COLORADO 191 

apportionment from state and county school funds, to pay its 
teacher or teachers fifty dollars ($50) a month for a minimum 
number of months prescribed in this act, it shall be the duty. of 
the county superintendent of schools to apportion to each of said 
districts, and it shall be the duty of the county treasurer to place 
to the credit of such districts, a sum of money, which, together 
with that part of the special levy of the district provided in 
section 1 of this act, and all other moneys available for said dis- 
trict shall be sufficient to pay the minimum salaries for the mini- 
mum time prescribed in this act; said funds shall be created by 
the levy of the county school tax as provided by section 5893 of 
the Revised Statutes of 1908 : provided that not more than one- 
third of the proceeds of such tax shall be used for the purpose of 
enabling each district to comply with the foregoing requirements. 
If any school district shall fail to certify said special levy of ten 
mills or such portion of it as may be necessary for the purpose 
herein named, the county commissioners shall cause the same to 
be made at the same time that the general levy is made by the 
said board. 

See. 3. In any county in the state in which there are school dis- 
tricts unable, by means of such part of the special levy required 
in section 1 of this act, and their proportionate share of the one- 
third of the general school levy of the county and the general 
state apportionment to pay the salaries prescribed in this Act, it 
shall be the duty of the county superintendent to certify these 
facts to the State Superintendent of Public Instruction not later 
than the first day of June and December in each year. If the 
State Superintendent of Public Instruction, after investigation, is 
convinced of the necessity as set forth in the certificate of the 
county superintendent, it shall be his duty to apportion to every 
such county a sum of money sufficient, together with all funds from 
other sources, to pay the minimum salaries provided for teachers 
in this Act, and, the state treasurer shall pay into the treasury of 
such county the sum so apportioned by the State Superintendent 
of Public Instruction, to be placed to the credit of the districts 
designated in the certificate of the county superintendent. Said 
monies shall be drawn from the public school income fund of the 
state; provided, that not more than sixty thousand ($60,000) 
dollars of said fund shall be used for this purpose, which shall be 
pro-rated among the counties requiring the same according to 
their respective needs. No aid from the state shall be received by 



192 ANNOTATED SCHOOL LAWS 

any county whose commissioners fail to make the maximum levy 
for school purposes allowed by law. 

Sec. 4. Nothing in this Act shall prevent a district board or the 
elector of any district from levying a special school tax for school 
purposes on the property of their respective districts; provided, 
that said special tax shall not exceed the limit of such taxation 
prescribed by law. — S. L. '13, p. 603 

See section 381, page 372. 

TEACHERS' RETIREMENT FUND 

385. Teachers' retirement fund under control of directors. 

In every school district of the first class there may be created a 
school teachers' retirement fund, which shall be controlled by the 
board of school directors of the school district concerned. — S. L. 
'09, p. 512 

386. Payable to whom. The board of directors in any such 
district is hereby authorized to establish a public school teachers' 
retirement fund, and shall be authorized to pay out of such fund 
a sum not to exceed forty dollars per month to any man teacher 
sixty years of age or any woman teacher fifty-five years of age, 
who has been in active service as a teacher for a period of twenty- 
five years, of which not less than fifteen years shall have been 
within said school district. 

The board of school directors of any such district may also, 
subject to the above limitations, make provisions for such teachers 
as may become permanently incapacitated from teaching, while 
in the service of the district; Provided, however. That the said 
beneficiary shall have served in the school district for a period of 
not less than ten years. 

Any teacher of such school district coming under the pro- 
visions of this act who may, by making application, or by action 
of the board of school directors, be entitled to receive the benefit 
from the public school teachers' retirement fund as provided for 
in this act shall not be entitled to receive benefit while drawing a 
salary as a teacher in active service. — S. L. '09, p. 512 

387. Mode of securing fund. The moneys for the use of the 
public school teachers' retirement fund shall be secured by a 
special levy upon the said school district, such special levy, how- 
ever, not to exceed one-tenth of one mill, and from any gifts or 
bequests which may be made to said fund. — >S. L. '09, p. 513 



APPENDIX 



FORMS 

FOR THE USE OF SCHOOL OFFICERS AND TEACHERS 



No. 1. Oath of School Officers 
(See §§83, 93 and 111.) 

State of Colorado, ) 
County of ) 

I, , do solemnly swear (or affirm) that I 

will faithfully perform the duties of of school 

district No , in the county of to the 

best of my ability; that I will carefully keep and preserve all 
records, books and other .property of the said district that may 
come into my hands, and deliver the same to my lawful successor 
in office ; and that 1 will support the constitution of the United 
States and of the state of Colorado, so help me God. 



[Seal] 

Subscribed and sworn to before me this day 

of , 19 



Note. The foregoing oath, should be taken before a county superin- 
tendent, notary public, justice of the peace, or some officer duly author- 
ized by law to administer oaths. The county superintendent's oath should 
be filed with the county clerk within thirty days after his election, and 
the oath of district officers should be filed with the county superintendent 
within thirty days after their election. 

No. 2. Oath of Judges of Election 

I, , do solemnly swear (or affirm) that I 

will perform the duties of judge of election according to law 
and to the best of my ability; that I will studiously endeavor 
to prevent fraud, deceit and abuse in conducting same; that I 
will not try to ascertain how any electors shall vote, and if in 
the discharge of my duties such knowledge comes to me, 1 will 



196 ANNOTATED SCHOOL LAWS 

not disclose the same unless required to do so in some court of 
justice, so help me God. 



Subscribed and sworn to before me this day 

of , A. D 



Judge. 

No. 3. Oath of Witness on Appeal to County Superintendent 

You do solemnly swear (or affirm) that in the matter of the 

appeal of from the decision or order 

of the board of directors of school district No , of 

county, Colorado, now being heard by 

the county superintendent of schools of said county, you will 
tell the truth, the whole truth, and nothing but the truth, so 
help you God. 

Note. Section 10 provides that this oath may be administered by 
county superintendent if necessary. 

No. 4. Oatli of Witness on Appeal Before State Board of Education 

You do solemnly swear (or affirm) that in the matter of the 

appeal of from the decision of the 

county superintendent of schools of county, 

Colorado, now being heard before the state board of education 
of said state, you will tell the truth, the whole truth, and nothing 
but the truth, so help you God. 

Note. Section 9 provides the state board of education shall have 
power to administer oaths through its president. 

No. 5. County Superintendent's Bond 

(See §83.) 

Know All Men by These Presents, That we, , 

and , of the county of , 

and state of Colorado, are held and firmly bound unto the people 

of the state of Colorado, in the full and just sum of 

dollars, lawful money of the United States, to which payment, 
well and truly to be made, we bind ourselves jointly and severally, 
our joint and several heirs, executors and administrators, firmly 
by these presents. 



STATE OF COLORADO 197 

lu Witness Whereof, We have hereunto set our hands and 
seal this day of , A. D. 19 

The condition of the foregoing obligation is such, That, 

whereas, the above bounden vs^as, on the 

day of^ , A. D. 19 , duly elected 

(or appointed, if that be the case) county superintendent of 
schools of the county aforesaid, for the term of two years ; 

Now, Therefore, if the said 

shall faithfully perform all the duties of said office, according 
to the laws which now are, or may hereafter be in force, and shall 
render a just and true account of all money or other property 
which may come into his hands or under his control as superin- 
tendent of the schools of said county, and shall deliver over to his 
successor in ofSce all moneys, books, papers and property in his 
hands as such county superintendent, then this obligation shall 
be void; otherwise it shall remain in full force. 

___^ [Seal] 

[Seal] 

[Seal] 



Signed, sealed and delivered in the presence of 



Note. The penal sum named in the bond is to be fixed by the board 
of county commissioners, but in no case shall the sum be less than $2,000. 

No. 6. Petition of Parents and Guardians Who Desire to Form a New 

District from Parts of One or IVIore Old Ones 

(See §131.) 

To , 

County Superintendent of Schools of County, 

Colorado. 

We, the undersigned, residents of district (or districts) No. 

, respectfully represent that we desire to form a new 

district, with boundaries as follows, viz. : [Here describe the 
proposed bounds, following government lines as far as prac- 
ticable.] We further declare that, collectively, we are the parents 
or guardians of at least ten children of school age, and we hereby 



198 



ANNOTATED SCHOOL LAWS 



certify that the list of names of persons of school age which is 
attached to and made a part of this petition, is a correct list 
of all such persons residing in the proposed district. 



Name. 


Name. 







Names of Persons of School Age. 



Note. Give postoffice address of signers. The list of children should 
be carefully filled up by some person interested in the change before the 
paper is circulated for signatures. 



No. 7. Order Directing a Petitioner to Give Notice of iVIeeting to Form 

New District 

(See §131.) 

Office of 

County Superintendent of Schools, 

County, Colorado. 

To 

You are hereby notified that I have received a petition signed 
by yourself and others, informing me that you desire to form a 
new school district of the territory described as follows, to-Avit : 
[Description as above.] In order that the wishes of the residents 
of said proposed district may be ascertained, you will please 
notify, by personal service as far as convenient, each elector 
residing therein, and also post notices in three public places (one 
of which shall be the place of meeting) that such a petition has 
been made, and that a meeting will be held, naming the time and 
place of such meeting, to determine whether such district shall 



STATE OF COLORADO 199 

be formed. You will, also, please notify me by mail of the time 
and place of snch meeting. 

Respectfully yours. 



County Superintendent. 

Note. In the formation of a new district, every step should be strictly 
in accordance with, the law, and the notices posted should contain a clear 
description of the proposed district. 

No. 8. Notice for a Meeting to Organize a New District 

School District Meeting. 

To All Whom It May Concern : 

Whereas, It is proposed to organize a new school district 

in that part of County described as 

follows, to-wit : [Description.] Notice is hereby given, as per 
direction of the county superintendent of public schools of said 
county, that a meeting of the electors residing within the bound- 
aries aforesaid will be held at on the 

day of , A. D. 19 , 

at o'clock m., when a vote will be taken by 

ballot on the question whether or not the proposed district shall 
be organized. If the vote shall be in the affirmative, a board of 
directors will then be elected. 

By order of County Superin- 
tendent of Schools 



Dated , 19 

Note. After the organization, a copy of the notice and of the pro- 
ceedings of the meeting should be sent to the county superintendent. 

The ballot box should be kept open long enough to give every elector 
an opportunity to vote — never less than three hours. 

If the proceedings were in accordance with the law, the county super- 
intendent should number and record the district, and notify the secretary 
of his action. ^ 

No. 9. Recording Proceedings of a iVIeeting Held for tlie Purpose 
of Organizing a New School District 

(See §§131 and 132.) 

,19____ 

On the .-day of , 19 , a 

petition, of which the following is a true copy, was made to 



200 ANNOTATED SCHOOL LAWS 

, county superintendent of public school 

of County, to-wit : (Here copy the petition.) 

Whereupon the said county superintendent issued an order, of 
which the following is a copy, to-wit : (Here insert copy of the 
order.) In obedience to which order the following notice was 
posted, as required by section 131 of the school law, to-wit: 
(Here insert a copy of the notice.) 

In pursuance of the above notice, the electors of the proposed 

new school district assembled at at 

o'clock m. The meeting was called to order by 

, and, on motion, ^ was 

elected chairman, and secretary. 

On motion, was elected to act with 

the chairman and secretary as judges of election. On motion 

of , the electors began to vote by 

ballot upon the question of forming a new school district. The 

ballot box remained open for the reception of votes from 

o'clock m., until o'clock m. Upon counting 

the ballots it was found that ballots were 

cast, of which were in favor of the organiza- 
tion and against. 

On motion of , the meeting 

proceeded to elect, by ballot, a board of directors. The following 
are the names of the persons voting: (Here record the names 

of persons voting.) The ballot resulted in the election of 

, president; : , 

secretary, and , treasurer, etc., etc. 

On motion of the meeting 

adjourned sine die. 



Chairman. 

Attest: — , 

Secretary. 

Note. A copy of the proceedings should be sent to the county super- 
intendent, together with the certificate of some elector, that the notice of 
the meeting was posted in three public places, as required by law. The 
person who posted the notice should sign the certificate of posting. 

If the district is formed from unorganized territory, the secretary 
must send with this report a certified list of the names of persons of 
school age residing in the district. 

A permanent record of the proceedings should be made in the secre- 
tary's books. 



STATE OF COLORADO 201 

No. 10. Bond to Be Given by the Secretary or Treasurer of Each School 

District 

State of Colorado, ) 

County of ^ 

(See §111.) 

Know All Men by These Presents, That we, 

, principal, and , 

and , sureties, are held and firmly 

bound unto School District No. , in the County of 

, state of Colorado, in the full sum of 

dollars, lawful money of the United States, 

to which payment, well and truly to be made, we bind ourselves 
jointly and severally, our joint and several heirs, executors and 
administrators, firmly by these presents. 

In Witness Whereof, We have hereunto set our hands and 
seals this . day of , A. D. 19 

The Condition of the Foregoing Obligation Is Such, That, 

whereas, the above bounden : was, 

on the day of , A. D. 19 , 

duly elected (or appointed) Secretary (or Treasurer) of School 

District No. , in the county of , and 

state of Colorado, for the term of 

Now, Therefore, If the said and 

shall faithfully discharge all the duties of said office, according to 
the laws which now are, or which may hereafter be in force, and 
shall faithfully apply all moneys which may come into his hands 
by virtue of said office, and shall deliver over to his successor in 
office all moneys, books, papers and property in his hands as said 
officer, within ten days after the same shall have been demanded 
by. such successor, then this obligation shall be void ; otherwise it 
shall remain in full force. 

[Seal] 

[Seal] 

[Seal] 



Signed, sealed and delivered in presence of 



Note. The penal sum named in the above bond should be at least 
twice the amount likely to be in the hands of the officer at any one time 
during the term of office, and the bond must be filed with the county 
superintendent. 



202 ANNOTATED SCHOOL LAWS 

No. 11. Request to Be Made by Ten Legal Voters of a District to the 
Board of Directors, for the Calling of a Special Meeting 

(See §113.) 

To the Board of Directors of School District No. , in 

County, Colorado: 

The undersigned, legal voters of school district No. , 

in County, Colorado, request you to call a 

special meeting of said district for the purpose of 

Dated this day of , A. D. 19 



Name. 



Name. 



No. 12. Notice of Special Election 

(See §§144 and 148.) 

Notice — A special meeting of the legal voters of "School Dis- 
trict No. , in the county of , called on 

the written request of ten legal voters (or called by the district 
board, as the case may be), will be held at (the district school 

house or other place) on the day of , 

19 , at o'clock (p. m.), for the purpose of (here 

specify every item of business that is to be brought before the 
meeting) . 



Secretary. 
Posted , 19 

Note. This notice should be posted at least twenty days previous to 
the meeting, in three separate public places within the district, and addi- 
tionally at each school house. 

Business not specified in this notice can never be lawfully transacted 
at such special meeting. 

If such special meeting is for election of school officers, the polls 
should be kept open not less than three hours, and the time of opening 
and closing should be mentioned. 



STATE OP COLORADO 203 

No. 13. Notice of Annual Election Second and Third Class Districts 

Notice Is Hereby Given, That the annual meeting of the legal 

voters of school district No. , in the county of , 

will be held (at the school house or other place; or, if more than 
one voting place, specify each place and boundaries of such pre- 
cincts), on Monday, the day of May, 19 , for the 

purpose of electing (one or more) directors, as provided by law. 

The ballot box will be opened at the hour of m., and 

close at the hour of m., and at m. the meeting will 

be organized for the transaction of any other business pertaining 
to school interests that may be brought before it. 



Secretary of School District No. 
County of 



Posted April , 19 

Note. The secretarj^ of the district should give at least six days' 
previous notice of the regular meetings of the district (see section 142), 
and should post the notices in the same manner as for special meetings, 
and the ballot box must be kept open not less than three hours. 



No. 14. Notice of Biennial Election (First Class Districts) 

Notice is hereby given, that the biennial election of the' legal 

voters of school district No. , in the county of , 

state of Colorado, will be held (mention different polling places 
and define boundaries of each voting precinct) on Monday, the 

day of May, 191 — , for the purpose of electing 

members of the board of education as provided by law. 

The ballot boxes will be opened at 7 o'clock a. m. and close at 
7 p. m. of said day. 

Dated April _— , 191 



Secretary of the Board of Education 

of School District No 

County of 



Note. This notice shall be posted in at least three public places, and, 
additionally, published weekly for the four weeks next preceding such 
election in some newspaper published in the district; and, in districts 
having a school population of over three thousand, shall be posted and 
published for a period of eight weeks next preceding such election. 



204 ANNOTATED SCHOOL LAWS 

No. 15. Recording Proceedings of a Regular or Special Meeting of the 

District 

The regular (or special, as the ease may be) meeting of school 

district No. , in county, Colorado, convened 

at ., at o'clock (p. m.), pursuant to previous 

notice given by the district secretary. 

The meeting was called to order by the president. 

The secretary being absent, on motion of Mr. , 

was elected secretary pro tern. 

Mr. moved that a tax of two mills on the dollar 

be voted for the purpose of building a school house for the 
district. 

Mr. moved to amend by striking out "two" 

and inserting "five," which was agreed to, and the motion as 
amended was decided in the affirmative. 

Mr. moved that a tax of one mill on the dollar 

be levied for the purpose of defraying the contingent expenses of 
the district. 

Motion carried. 

On motion of Mr. the meeting adjourned sine die. 



President. 

Attest: , 

Secretary. 

Note. Forms 9 and 15 are given with a view of assisting the inexpe- 
rienced. Persons familiar with such duties may vary the form, provided 
that the proceedings are accurately recorded. 

Much depends on the record of the proceedings of the district meet- 
ing, hence it should be correctly made and carefully preserved. 

Under the law, the voting of a tax for any purpose must be, in each 
year, "On or before the day designated by law for the county commis- 
sioners to levy the requisite taxes for the then ensuing year," and school 
boards certify the same to the county commissioners. 

No. 16. County Superintendent's Notice of Apportionment to the District 

Secretary 

Office of 
County Superintendent of Schools, 

County, Colorado. 

To — , 

Secretary of School District No. — . , 

In County: 

You are hereby notified that I have this day apportioned to 
your district the sum of . dollars, of the general 



STATE OF COLORADO 205 

school fund, which amount has been placed to the credit of your 
district on the books of the county treasurer. 



County Superintendent. 
Note. This notice should be sent immediately after each apportion- 
ment. 

No. 17. Teacher's Contract 
M , 



At a regularly called meeting of the Board of Directors of 

School District No. , in County, Colorado, 

held this day of , 191 , you were 

employed to teach in the public school of said district for the 

period beginning Monday, , 191 — , and ending 

, 191 , at a salary of dollars 

per school month, payable monthly in school warrants as provided 
by law. 

The conditions of your employment are that you will faith- 
fully observe the rules and regulations adopted by the board for 
the government of said school ; that you will exercise reasonable 
diligence in looking after the preservation of school buildings, 
grounds, furniture, books, and all other school property under 
your jurisdiction; that you will make promptly and correctly all 
reports of the school required by the county superintendent ; that 
you will keep a correct register of the school, and file the same 
with the president or secretary of this board or the principal of 
the school at the close of the school year as required by law ; and 

that you will hold a legal certificate of the grade, 

issued or endorsed by the county superintendent of the county. 



President. 
Attest : 



Secretary. 

I hereby accept the above employment upon the conditions 
stated. 

, 

Teacher. 



INDEX 



INDEX 



A 
Accounts — Section 

of district funds, county treasurer render statement 101 

of each district kept separate by county treasurer 103 

of district expenses by secretary 116 

of warrants issued by district kept by district treasurer 121 

of permanent school emergency fund 167 

of fines, penalties and forfeitures 177 

Adjournment — 

school board, meetings of 112 

of district meetings 148 

Admission — 

to county high school 200 

to union high school 212 

to kindergarten 233 

to public schools 240 

to agricultural college 256 

to deaf and blind.. 277 

to Industrial school for boys 290 

to industrial school for girls 314 

to state normal school 328-329 

to school of mines 341 

to dependent and neglected home 345 

to state home for mental defectives .,...351 

to truant school 354 

to state university 364 

Adults- 
admitted to public school, when 240 

Affidavit— 

on appeal to county superintendent — when filed- — contents 6-7 

in case of appeals 6-7-8 

of secretary to census list 97 

Alcoholic drinks and narcotics — 

nature and effect of, taught in public schools 1 

study of, enforced by school officers — penalty 2 

effects of, taught in public schools 239 

Animals — 

humane treatment of, taught in public schools 239 

Annexation— 

of territory to district 133 

Annual meeting — 

for election of members of school board 142 

of state board of education 244 



210 INDEX 

Annual report — Section 

of county superintendent to state superintendent 91 

of county treasurer 101 

of district secretary to county superintendent 116 

of district treasurer 121 

of scliool board to county superintendent 124 

of teacher 384 

Appeal — 

from district board to county superintendent 5 

affldavit 6 

contents of afiidavit..: 7 

superintendent notify secretary — transcript 8 

notice to parties 9 

hearing appeal — oaths 10 

by applicant for certificate to state board 11 

from, county superintendent to state board — procedure 11 

taken within thirty days — transcript 11 

president of board may administer oath on 11 

decision of board final on 11 

no judgment for money 12 

Appointments — 

of county superintendent in case of vacancy 85 

of district director by county superintendent 89-95 

by board in first class districts 123 

of judges and clerks of election in first class districts 142 

of members of high school committee 208 

Apportionment — 

of general fund — when no report and census list filed ...120 

of state normal institute fund 176 

Apportionment of school funds — 

published 94 

by county superintendent 98 

in July — basis 99 

basis of all apportionments .' 99 

according to census 100 

when district fails to report census 120 

first, after the organization of new district 140 

of money from unpaid special taxes due district after division 140 

district not having three months not entitled to 241 

to state normal school 326 

by superintendent public instruction 377 

Arbor day — 

see also Holidays 222 

Assistant Librarian — 

appointment, duty, salary 378 

Attendance — 

at night school. allows employment 57^ 

at night school equivalent to half time 73 

of pupils — stated in report of board 116 

Attorney genera! — 

member state board of education 1 

approve use of emergency fund 168 

member state board' of education 243 



INDEX 211 



B 
Ballot — Section 

at meeting- to issue bonds — form 17 

for refunding bonds — form of 38 

election of school directors by 142 

Bible- 
no sectarian tenets taught in school (Art. IX) 8 

no religious instruction in public schools 355 

directors determine use of, in school 355 

Biennial report — 

of superintendent of public instruction (Art. IV) 17 

of superintendent of public instruction 376 

Blind- 
adult blind 280-283 

school for deaf and 271-279 

Blank books — 

see Books. 

superintendent of public instruction print and furnish teachers and 
others 375 

Blank forms — 

see Forms. 

Blanks — 

for reports supplied by superintendent public instruction 384 

Board of county commissioners — 
see County commissioners. 

Board of directors — 
see Directors. 

Board of education — 

see State board of education. 

Bond — 

of county superintendent — amount — approval — filing 83 

of secretary of school board — conditions — approval — filing 115 

of state superintendent — amount — approval — where deposited 373 

Bonds — 

question of, submitted to voters 13 

meeting for voting — school building 13 

meeting for voting — purchasing ground 13 

amount bonded indebtedness first determined 14 

limitation of bonded indebtedness 14 

notice of election posted 15 

ballot boxes open three hours 15 

number voting places first class district 16 

directors act as judges 16 

judges absent, vacancy filled " , 16 

form of ballot 17 

challenges by electors 18 

oath when challenged 18 

returns certified and canvassed. 19 

coupon bonds issued 20 

bonds payable to bearer — how signed 21 

county commissioners assess tax to pay 22 

board keep record 23 

auditor register bonds 23 

amended S. L... 1915 23b 

district in city with special charter. 24 



212 INDEX 



Bonds — Continued Section 

no person vote unless registered, when 24 

no new registration required except 25 

registration for last general election 25 

registration books furnished by county clerk 26 

registration committees set, when 26 

electors not registered, how registered 26 

electors removing from precinct, how registered 27 

registration, how changed ". 27 

registration books kept where 28 

county clerk not furnish copy 28 

petition for purging list 29 

procedure for purging list 29 

redemption of bonds — premium 31 

treasurer not pay more than 5 per cent premium 31 

U. S. and state bonds purchased by treasurer 32 

interest coupons collected by district treasurer 32 

change of boundaries not release property 33 

annexed property becomes subject to bonds 33 

county treasurers' fees for collection of tax 34 

refunding bonds when issued 35 

refunding bonds — interest redemption 35 

refunding bonds not exceed 8 per cent 35 

what laws apply to issue and payment- — except 36 

county commissioners levy tax 37 

county treasurer collect tax 37 

submission for refunding bonds 38 

form of ballot for refunding 38 

County high school bonds — 

notice of election given upon petition 39 

notice not less than 20 days 39 

person offering to vote may be challenged 39 

when challenged must take oath 39 

form of ballot 39 

bear not to exceed 6 per cent 39 

redeemable not less than 10 years 39 

payable not less than 20 nor more than 40 years 39 

may be payable where 39 

how signed 39 

registered by county clerk 40 

what stated on face 40 

commissioners levy tax 41 

principal and interest, how paid 41 

surplus, how used 41 

treasurer advertise for bonds 41 

redeemed and cancelled 41 

redeemed — go in open market 42 

change in boundary not release property 43 

property annexed subject to bonds 43 

compensation of county treasurer 44 

special meetings — purpose — notice 45 

what high school subject to act 46 

no district obliged to maintain two high schools 46 

Books — 

see Blank books. 

used in school — stated in report of board 116 

of secretary open for inspection 119 

Boundaries — 

lines of district changed — not effect bonds 33 

of school district — county superintendent make record 96 

of new district organized from old 131 



INDEX 213 

Branches — Section 

taught stated in report of board 116 

common, may be taught in German and Spanish when 239 

Buildings — 

school buildings exempt from taxation (Art. X) 5 

school buildings and lots exempt fronn taxation (Art. X) 6 

distance saloon fr-om 1 

bonds for erecting and furnishing school 13 

lien law not applicable to 13 

creating debt to erect or furnish 143 

general fund not used for 164 

for district high school — directors build or lease, when 220 

By-laws- 
directors make 123 

C 

Cancellation — 

of district bonds 22 

Candidate — 

for school director in first and second class districts 143 

Census — 

see School census. 

Census list — 

county superintendent examine, correct 97 

basis of apportionment for school fund 99, 100 

Certificate — 

of secretary to the record on appeal 81 

of indebtedness 13 

of attendance of child at school 56 

Certificates — 

state board gi-ant to applicant upon appeal, when 11 

revocation of 47 

grades of — renewal — record 47 

issuance of like grade 47 

how issued in first class districts 47 

first class districts waive 47 

applicant for teacher's — pay fee 174 

state normal school diploma is — to teach 332 

expiration of, during term ~." 383 

necessary to teach — expiration of 383 

not required, when 383 

renewal of — new 383 

Challenge — 

to fight duel — disqualify from office 12 

at bond elections 18 

of vote at school election — oath 143 

Children — 

compulsory education (Art. IX) 11 

prohibiting sale intoxicating liquors to 1 

unlawful to sell cigarettes to 3 

penalty for selling tobacco to 4 

Child labor law — 

not employed under 14, when 48 

not employed under 14 in certain business 48 

not employed under 14 during school hours 48 



214 INDEX 

Children — Continued Section 

Child labor law— Continned 

certain employment considered injurious 48 

children employed in fruit orchard, etc 48 

exhibit of child under 16 — exceptions 49 

employment underground works under 16 50 

no female child under 10 sell newspapers or merchandise 50 

employer keep register 51 

school certificate required 51 

list of employed posted in work room 52 

age and school certificate 53 

.age and school certificate, how approved 54 

proof of age 55 

employment ticket 56 

form of school certificates 56 

form of age certificates 56 

illiteracy 56 

evening school 56 

schooling required 57 

duties of state inspectors of factories 58 

hours of labor 59 

prima facie evidence of employment 60 

enforcement of act 61 

child excepted, how 62 

application filed with superintendent 62 

hearing within 48 hours 62 

application refused — reasons furnished 62 

appeal to county or juvenile court 62 

no fee charged for application or appeal 62 

permit issued on bond 62 

permit subject to inspection by humane society 62 

permits revoked, how 62 

penalties for violation of act 63 

penalties second violation 64 

Delinquent children — 

definition of delinquency 65 

application of act 65 

evidence not used in other cases 65 

penalty for violation 66 

delinquent girls under 18 67 

Physical examination — 

state superintendent prepare test cards 68 

teacher or principal test sight, etc • 68 

teacher report defectiveness 69 

notify parents of defectiveness 69 

parent without funds obtain county physician 69 

auditor draw warrant for expenses 70 

expense not exceed $1,000 biennial period 70 

school board provide books for indigent 124 

of county attend union high school 207 

age of 6 attend kindergarten : 233 

Church — 

appropriation to, from school fund prohibited (Art. IX) 7 

school fund not used for sectarian doctrines (Art. IX) 7 

property exempt from taxation (Art. X) 5 

Cigarettes — 

unlawful to give or sell to persons under 16 3 

Citizen — 

qualification of (Art. VII) 1 



INDEX 215 



Classes — Section 
of school districts 110 

Classification — 

of counties fixing- compensation of county superintendents 87 

Clerks — 

of election appointed in first class districts 143 

Committee — 

county superintendent ex-ofRcio secretary 195 

of county high school 196 

term of office 196 

of union high school 207 

term of members 208 

vacancies, how filled 208 

meetings of 209 

powers of 210 

elections of 213 

of union hig-h school fourth and fifth class county 218 

Common schools — 

see Public schools — defined 238 

Compensation — 

of county treasurer for collecting special taxes 3^ 

of truant officer 75 

of county superintendent 87 

of deputy county superintendent 89 

of teacher, stated in report of board 116 

of secretary school board fix 124 

none to members of board, except secretary 124 

of deputy county superintendent for holding examinations 149 

of secretary of high school committee 208 

teacher not dismissed without receiving 383 

withheld until register is filed by teacher 384 

Compulsory education — 

provisions concerning 11 

children sent to school — exception — appeal 71 

children under 14 not employed 72 

penalty for employing 72 

between 14 and 16 must read and write 73 

duty of employer 73 

truant defined 74 

juvenile disorderly person — defined 74 

truant officer — powers — duties 75 

truancy officer third class districts 76 

truant officer — duties 77 

conviction of parent — penalty bond defense 77 

juvenile disorderly person — commitment 78 

child unable to attend school 79 

violation of act — penalty 80 

second conviction — trial by jury — penalty 81 

act not apply to districts without accommodations 82 

Consolidated districts — 

consolidation defined 136 

boards may submit question 137 

call meeting to organize 138 

purchase site — transfer children 139 



216 INDEX 

Constitution— Section 

Executive department — 

term of office — residence — duties — seat of government ] 

state officers — election 3 

eligibility — age — residence 4 

vacancy — governor appoint 6 

governor may demand information from officers 8 

officers keep account of moneys — semi-annual reports 16 

officers executive department — biennial report — governor transmit 17 

officers receive salary — fees paid into treasury 19 

superintendent of public instruction, ex-officio librarian 20 

special legislation 25 

local or special laws prohibited 25 

Suffrage and election — 

citizenship (Art. VII) • 1 

absence in civil or military service 4 

privilege of voters from arrest 5 

electors only eligible to office 6 

prisoners disqualified — restoration — pardon or full service 10 

State institutions — 

charitable institutions established (Art. VIII) 1 

state institutions — properties and moneys — location 5 

Education — • 

board of education — members — president (Art. IX) 1 

^ free schools^ — one in each district — three months 2 

establishment of schools mandatory , 2 

school fund inviolate — state treasurer custodian 3 

county treasurer collect and disburse — warrants 4 

school fund — of what consists 5 

county superintendent commissioner of lands 6 

aid to sectarian schools, churches forbidden 7 

school district cannot make donation 7 

school funds not used for teaching sectarian doctrines 7 

religious test forbidden — sectarian tenets — race — color 8 

compulsory education U 

university — regents — election 12 

regents elect president — powers 13 

regents control university — funds 14 

school districts — board of directors 15 

text books — general assembly nor board shall prescribe 16 

Revenue — 

exemption — lots — building for worship — schools (Art. X) 5 

exemption — lots and buildings 5 

income for school purposes exempt 5 

church property not taxable — when 5 

corporations subject to tax 10 

making profit on public money felony 13 

school board cannot make profit of district money 13 

Public indebtedness- 
lending or pledging credit of state, county, city, etc., forbidden (Art. XI).. 1 

aid to corporation — interest in by school district — ^joint ownership 2 

loan for school buildings — ^vote — qualifications 7 

debt incurred must be by a vote of electors 7 

Officers — 

embezzlement disqualifiies from office (Art. XII) 4 

civil officers — oath 8 

oath, where filed — with whom 9 

refusal to qualify — vacancy 10 

vacancy — term of officer — elected to fill , 11 

duel — challenge — disqualifies from office 12 



INDEX 217 

Constitution — Continued Section 

Counties — 

county superintendent — election (Art. XIII) 8 

vacancy appointment by county commissioners 9 

elector only eligible 10 

not a taxpayer does not disctualify 10 

classify counties as to fees 15 

Contracts- 
see Public contracts. 

Conviction — 

for second violation of compulsory education law 81 

Corporations — 

public school money not donated to 7 

taxation for school purposes 10 

not joint owners with district 2 

Counties — 

classification for regulating compensation (Art. XIV) 15 

classification for regulating salary 87 

County assessors^ 

arrange tax schedules — list property on May 1st 381 

County clerk — 

levy minimum rate of tax for school purposes 380 

County commissioners — 

fill vacancy in any county office 9 

levy special tax to pay interest on bonds 22 

levy tax to pay district bonds 37 

fill vacancy in office of county superintendent 85 

allow mileage to county superintendent when 87 

provide office supplies, etc., for county superintendent 88 

levy high school tax — limit of 205 

make appropriation for normal institutes — issues warrants 234 

levy county school tax — increase minimum rate — levy special tax 379 

levy special school tax for ensuing year 381 

County court — 

try parent or guardian of truant child 77 

commit juvenile disorderly person 78 

inquire into question of truancy on petition 356 

clerk of — issue writ 357 

commit from truant school to reformatory 362 

County high school — 

see High schools 190 

county high school bonds 39-46 

County officers — 

election of (Art. XIV) 8 

vacancy in office — how filed ; 9 

qualifications 10 

County school tax — 

see Taxes. * 

County superintendent — 

electors only eligible to office (Art. VII) 6 

term office — duties — qualifications — compensation (Art. VII) 6 

embezzlement disqualifies from office (Art. IX) 4 

oath required (Art. XII) 8 

oath filed with county clerk (Art. XII) 9 

vacancy — when created (Art. XII) 10 

vacancy — term to fill (Art. XII) 11 



218 INDEX 

County superintendent — Continued Section 

election of (Art. XIV) 8 

vacancy in office — how filled (Art. XIV) 9 

notify secretary of appeal — advise parties of hearing 8-9 

administer oaths — decision 10 

not under judgment for money 12 

keep record of examinations and applicants 47 

election — term — oath and bond of 83 

act till sucessor qualified 84 

failure to qualify — ^vacancy in office — appointment 85 

when office becomes vacant 86 

classification of counties to regulate salaries amended 1915 S7 

not entitled to compensation — when 87 

compensation of — oflice hours 88 

appoint deputy — how paid 89 

courts interfere with discretion — when 89 

deputy — pay — 89 

fractions of day not recognized 89 

deputies and assistants — compensation 90 

annual report to superintendent of public instruction 91 

penalty for failure to report 92 

administer oaths '. 93 

duties of county superintendent 94 

keep record of books furnished school districts 94 

public apportionment of school funds 94 

sue in official capacity 94 

electors fix boundaries new district 94 

appoint directors 95 

boundaries of school districts — record 96 

prepare map of school district 96 

recording boundaries ministerial duty 96 

examine and correct census list — ascertain deaf and blind 97 

apportionment county school fund 98 

notify district secretary of school apportionment 98 

counties own general fund until 98 

apportionment of school funds — basis 99 

apportionment of fund for new district 99 

apportionment according to number of school age 100 

maintain suit against county treasurer 102 

approve bond of treasurer — file Ill 

fill vacancy caused by failure to qualify .111 

call meeting for organization of new district from old 131 

establish and number new district 132 

transfer to other districts .'. 132 

annex or detach territory to district 133 

annul district and annex territory 135 

extend time for opening school in new district 135 

divide funds upon formation of new district 140 

apportion moneys from unpaid special taxes 140 

hold examination of teachers 149 

collect fee from applicant for teachers' certificate 174 

forward to superintendent of public instruction 174 

look after fines — penalties and forfeitures — report 177 

call meeting of boards of directofs of county 195 

member of county high school committee — secretary 195 

fill vacancy in high school committee 196 

call board to elect union high school committee -. 207 

member of union high school committee 207 

select committee — add to teacher's standing 234 

report blind and deaf persons 277 

receipt for and distribute registers and blank books 375 

certify levy to commissioners 379 



INDEX 219 

County treasurer — Section 

duties in relation to school funds of county (Art. IX) 4 

election of 8 

collect special tax — cash — cancel bonds 22 

countersign district bonds — 21 

compensation collecting' special taxes 34 

collect taxes to pay bonds — pay to district treasurer 37 

duties of 101 

keep account of fund of each school district 101 

county owns general fund until when 101 

certify amount of tax collected and vmcollected 102 

failure to pay over tax — penalty 102 

separate account each district — endorse warrants — pay — notice 103 

county treasurer cancel all school orders 104 

county treasurer render quarterly statement school board 105 

pay orders as registered 106 

county treasurer furnish blanks of district board 107 

failure to publish call for payment school warrants — misdemeanor 108 

fees — school taxes 109 

transfer funds of united district 133 

retain unpaid special taxes for new district 140 

report to county superintendent amount of fines received 150 

pay warrant from high school tax 205 

endorse rate interest on school warrants 232 

custodian of normal institute fund 234 

collect county school taxes 379 

certify amount special tax collected — arrange tax schedule 381 

Coupon — 

school district — bonds issued 20 

Course of study — 

school board fix 124 

D 

Deaf and blind- 
see Colorado school deaf and blind 271 

Debt- 
contract only by vote of electors (Art. XI) 7 

funding floating debt '. 13 

submitting question of contracting bonded 13 

election to contract — who vote 13, 143 

limitation of bonded debt 14 

Decision— 

of county superintendent upon appeal 10 

of state board of education upon appeal 11 

Deficit — 

in union high school fund 211 

Deputy — 

county superintendent appoint — compensation 89 

county superintendent may be employed — compensation 90 

Diplomas — 

of kindergarten teachers 233 

state, to whom issued 245 

for eminent services 246 

without examination 248 

tempoTRvy non-renewable 249 

revoked by state board of education .250 



220 INDEX 

Diplomas— Continued Section 

of state normal school grant — evidence 331 

license to teach — when annulled 332 

no fee 333 

Directors — 

electors only eligible to offlce (Art. VII) 6 

qualification of electors (Art. VII) 6 

of school district — number — powers (Art. IX) 15 

not make profit from district money (Art. X) 13 

embezzlement, etc., disqualifies from office (Art. XII) 4 

oath of office (Art. XII) 8 

refusal to qualify — vacancy (Art. XII) 10 

vacancy — term to fill (Art. XII) 11 

name text book for study of alcohol and narcotics 1 

enforce law — penalty 2 

parties aggrieved can appeal to county superintendent 5 

may appeal from county superintendent 11 

may refund bonded indebtedness 13 

act as judges 16 

issue bonds — interest 20 

prescribe form and sign bonds 21 

dispose of balance of special tax 31 

examine teachers in districts of the first class... 47 

grant certificate — report to county superintendent 47 

in districts of first and second class appoint truant officers 75 

in third class districts appoint truant officer 76 

county superintendent appoint to fill vacancy 95 

county treasurer furnish blanks to 107 

board elected biennially in first class districts 110 

number — classification 110 

board elected annually in second and third class districts 110 

number and when elected 110 

first class districts — directors — when elected 110 

second and third class districts — directors — when elected 110 

mandamus against school district 110 

qualify in 20 days — oath — treasurer's bond — failure HI 

hold regular, special or adjourned meetings '. 112 

call special meeting in district third class .113 

president presides at meetings of school board 114 

president signs orders on county treasurer .114 

president appears in suit 114 

absent beyond 30 days works vacancj' 114 

duties of secretary — bond .115 

secretary take census 115 

census showing 1,000 — election 115 

further duties of secretary — report 116 

secretary exhibits quarterly report to board 117 

secretary keep quarterly reports and canceled orders 118 

secretary render statement — books for inspection 119 

failure of secretary to report — duty state superintendent 120 

treasurer countersign warrants — account— failure — penalty 121 

delinquent officers — penalties 122 

fill vacancies in boards of first class districts 123 

powers of directors 123 

power to make by-laws 123 

employ and discharge teachers 124 

enforce rules and regulations of state superintendent 124 

powers and duties 124 

when provide books — when free text books 124 

only secretary receives compensation 124 

number of teachers — length of school — opening and closing 124 



INDEX 221 

Directors — Continued Section 

fix course of study — exercise — text books, etc 124 

hold real estate and personal property in trust 124 

may purchase or sell lots 124 

provide school furniture — supplies for board 124 

rent, repair, insure, build or remove school houses 124 

require teachers to conform to law 124 

suspend or expel pupils — exclude from school 124 

admit pupils from adjoining district 124 

make report to state superintendent 124 

make report to county superintendent 124 

fix wages, tuition, compensation of secretary 124 

certificate obtained after commencement of school 124 

lien law not apply school buildings 124 

school property held in trust 124 

injunction not lie prevent discharge teacher 124 

ratification of contract 124 

contract not made at formal meeting 124 

certificate not collaterally attacked except 124 

county superintendent sue in official capacity 124 

teacher discharged not appeal 124 

teacher discharged for cause only 124 

revoking certificate after discharging 124 

appointment and acceptance create contract 124 

exchange of teachers 124b 

powers of board 124 

directors make financial statement 125 

directors make financial statement other 126 

penalty for failure to publish 127 

when changed from second to first class — who constitutes 129 

election of — for new district 132 

uniting with lower class — who constitutes 133 

when joint district formed from first class 138 

order more than one voting place in first class district 142 

candidate for, in first and second class districts 143 

may purchase flag — flagstaff — pay for 155-157 

not use general fund for building or lots — exception 164 

provide sterilized drinking cups in schools ". page 73 

elect high school committee — fill vacancy 196 

establish district high school — powers — build or lease 220 

may establish and maintain kindergartens .233 

not interested in contract for district. 235 

designate branches to be taught in schools 239 

may admit adults and non-residents to public schools 240 

levy special tax for expense of school 379 

certify necessary levy for special fund 381 

may order levy for library 381 

not reconsider levy for special tax 382 

not employ a teacher without a certificate 383 

Dismissal — 

of teacher for good cause 383 

Display — 

of American flag 155-156 

of other than United States flag — penalty 161-162 

Districts — 

failing to maintain a school — no funds (Art. IX) 2 

organization of (Art. IX) 15 

lending or pledging credit forbidden 15 

not become joint owner (Art. XI) 2 

not incur debt by loan — except (Art. XI) 7 



222 INDEX 

Districts — Continued Section 

debt incurred by vote electors (Art. XI) 7 

submit question of bonds at regular or special election 13 

change in boundary line — not release property bond tax 33 

not required to support two high schools 46 

all children must be educated 71 

lack accommodations — compulsory education not apply 82 

county superintendent keep record of boundaries 96 

county treasurer keep separate report 103 

board of directors of different classes — ofHcers 110 

classification of 110 

special meeting in third class.... 113 

expenses of — secretary keep account of 116 

to be bodies corporate — hold property 128 

lien law not applicable to school buildings 128 

school property held in trust 128 

change from second to first class — board of directors 129 

census showing 1,000 — directors — election 129 

legal district — what constitutes 130 

school district operating one year 130 

organization — census list of new — ^unorganized territory 131 

mandamus not control discretion 131 

state board cannot change boundaries 131 

electors fix boundaries new district 131 

new, how organized — election of directors — persons transferred 132 

of first class, how divided 132 

two or more contiguous — how united 133 

failure to petition after notice 133 

organization of joint 184 

when new district entitled to school money. . .- 135 

funds for new 135 

annulled by county superintendent 135 

Consolidated districts-^- 

consolidation defined 136 

school board submit question 137 

notice — form of ballot 137 

consolidated not liable for debt of one 137 

call meeting to organize 138 

elect directors 138 

purchase site — elect building — transfer children 139 

apportionment of general fund in new district formed from old 140 

take and hold real estate — amount 141 

qualified fee in land 141 

power to condemn 141 

elections — see Electors 142 

candidate for director in first and second class 143 

of third class — power of electors 148 

having children attend union high school, support 211 

contributing to high school — election of committee 213 

high school in first class and second class 220 

vote to build or lease building for high school 220 

maintain school three months — failure- — no funds 241 

third class, limit for special tax 381 

property in on May 1st assessed 381 

not reconsider levy of special tax 382 

Doctrines — 

not taught in public school (Art. IX) 8 



INDEX 223 

Duties — Section 

of truant officer 75 

of county superintendent 94 

of high school •committee 200 

of union high school committee 210 

of state superintendent 374-376 

Division — 

of school funds upon formation of new district — basis 140 

Drinking cups — 

drinking- cups in schools page 73 

E 
Education — 

provision for school ' 2-^3 

Election — 

who entitled to vote (Art. VII) 1 

absence in civil or military service (Art. VII) 4 

voters privileged arrest while attending — except (Art. VII) 5 

of county officers (Art. XIV) 8 

no person entitled to vote while in prison (Art. VII) 10 

bond election, see i 13-38 

of county superintendent 83 

of school directors — classes of districts 110 

officers of board — by ballot 110 

annual — notices posted — publication — ballot 142 

first class district — section amended 142 

directors — second and third class — election 142 

census showing 1, 000 — directors — election 142 

annual — place — time — notice 142 

moving building — ^vote .142 

polls open three hours 142 

judges of election 142 

tax levy reconsidered — when 142 

electors — directors — qualifications — publish names 143 

ballots — registration — county clerk furnish 143 

judges — challengers — watchers — fraud 143 

voting oaths — certificates — taxpayers — bribery 143 

counting of votes — tie — special election 144 

excess ballots — disposition of poll books 144 

canvass of votes — contest 144 

applies to all school elections 145 

to vote to build or lease buildings for high school 220 

of union high school committee 207, 213 

of superintendent of public instruction 372 

Electors — 

qualifications of (Art. VII) 1 

qualified elector eligible civil or military office (Art. VII) 6 

qualifications of electors 6 

voting bonded indebtedness 13 

qualification of 146 

women vote — qualifications .147 

powers of at meetings — in third class districts 148 

livery stable certain distance from school 148 

electors levy special tax 148 

lien law not apply school buildings 148 

to establish high school 191 

Emergency fund — 

see also this subheading under Funds 165, 172 



224 INDEX 

Exemption — Section 
from taxation of what property (Art. X) 5 

Employer — 

see Child labor law under Children 72 

see Compulsory education 73 

Eminent domain — 

district may hold real estate 141 

Enabling act — 

land for schools 7 

seventy-two sections for university 10 

school lands — how sold 14 

sale by trustee when void 14 

mineral lands excepted 15 

indemnity lands 15 

Endorsement — 

of warrants by county treasurer 103 

English language — 

taught in public schools 239 

Examinations — 

of applicant appeal to state board 11 

in districts of first class 47 

record by county superintendent 47 

by county superintendent 149 

time of — age — notification — subjects 149 

other than county seat by deputy — compensation 149 

endorsement of 149 

like grade 149 

normal school diploma 149 

bar examination 149 

dental examination 149 

application for admission to bar 149 

for admission to union high schools 210 

of kindergarten teachers 233 

for state diploma 245 

for diploma of state normal school 331 

Executive committee — 

of normal institutes — duties — transmit funds 234 

Exemption — 

from taxation — of what property 5 

Expenses — 

of trial — transportation of juvenile disorderly person — county pay 78 

of district — secretary keep account 116 

of purchasing and displaying flag 157 

of normal institute— how paid 234 

of superintendent of public instruction 376 

of school paid by special tax — when : 379 

expiration of certificate during term 383 

Expulsion — 

of pupils by schoorboard 124 

F 
Faculty — 

of state normal school, trustees appoint, remove 327 



INDEX 225 

Fee — Section 

applicant for teachei-s' certificate — pay 174 

registration, for normal institute 234 

for admission to state normal school 329 

Felony — 

directors making profit district money (Art. X) 13 

Finances — 

secretary render statement of 119 

of school district — treasurer make statement 121 

Fines — 

to comply with law on alcoholic drinks and narcotics 2 

for employing children during school hours — violation 92 

of employer failing to compel instruction of minor in employ 72 

for violation compulsory education law 77 

for failure of county superintendent to report 92 

of county treasurer to pay over tax 102 

for failure to publish call for payment of school warrants 108 

of secretary to make report 116 

of treasurer to perform duties — turn over moneys 121 

for superintendent or officer failing to perform duties 122 

collected by justice of the peace — payable to school fund 150 

county treasurer to render statement 151 

for setting fire public domain 152 

for leaving unprotected fires 153 

fines paid to school fund 154 

Flags — 

may be purchased — displayed — when 155 

directors to purchase and display United States flag 155 

each department to keep flag — size 156 

expense and care of 157 

applies to all institutions 158 

injury to 159 

superintendent public instruction publish act 160 

display of — other than U. S. exception 161 

violation 162 

state flag — description 163 

Forfeited — 

money by any district 101 

Forfeitures — 

for violation of school law — where — county treasurer place credit 177 

for failure to maintain school 177 

Forms — 

state superintendent print and furnish 375 

for making reports — printed with school law 475 

for reports supplied by superintendent public instruction 384 

oath of school officer (appendix) No. 1 

oath of judges of election No. 2 

oath of witness — county superintendent No. 3 

oath of witness — board of education No. 4 

county superintendent bond No. 5 

petition to form new district No. 6 

order directing notice of meeting to form new district No. 7 

notice of meeting for organization of new district No. 8 

record of meeting for organization of new district No. 9 

bond of district treasurer or secretary No. 10 

request for special meeting by ten legal voters No. 11 

8 



226 INDEX 

Forms — Continued Section 

notice of special election No. 12 

notice of annual meeting — 2nd and 3rd class districts No. 13 

notice of biennial election No. 14 

record of regular or special meetings No. 15 

notification of apportionment of county superintendent No. 16 

teachers' contract No. 17 

Fraternities — 

unlawful to join 164 

boards of directors enforce law. , 164 

may dismiss pupil and prevent graduating 164 

penalty 164 

Funds — 

public school fund not transferred to other funds (Art. IX) 3 

public school custodian — state treasurer 3 

how distributed among counties 3 

how invested — loss — how supplied 3 

of public school — interest only expended 3 

of county and school district — how collected and disbursed (Art. IX) 4 

public school fund of the state defined (Art. IX) 5 

when land escheats 5 

contribution to sectarian institutions prohibited (Art. IX) 7 

of university — regent control 14 

making of profit forbidden public ofl^cers 13 

embezzlement of — makes person ineligible to hold office ; 4 

floating debt — bonds for 13 

special fund pay past indebtedness 22 

county superintendent apportion general school fund of county 98 

basis of apportionment 99 

county treasurer keep account of school 101 

county treasurer makes annual statement of school 101 

county owns general fund until 101 

treasurer publish statement of district HI 

apportionment of general -. 120 

annual report and census list are filed 120 

of united district county treasurer transfer 133 

division of, upon formation of new district 140 

to new district 140 

county treasurer render statement of 151 

general school funds not used for building purposes, etc 165 

Emergency fund — 

permanent school emergency or call fund : 165a 

to be transferred from general school fund 166 

treasurer to be custodian of 167 

when used 168 

payments when made 169 

amount expended in one year 170 

gifts — contributions 171 

vouchers approved by governor and attorney general 172 

attorney general held no money for building from 172 

moneys under act of congress — apportionment 173 

normal institute fund 174 

applicant for teacher's certificate pay fee 174 

state normal institute fees turned into treasury 175 

apportionment of normal institute fund 176 

penal, paid to county treasurer 177 

not loaned or invested 178 

officers not loan 179 

no benefit from deposit 180 

penalty 181 



INDEX 227 

Funds — Continued Section 

permanent fund from sale lands — Invested 182 

for union high school — deficit 211 

special school, for maintainingr kindergartens 233 

state normal fund 322, 326, 327 

amount of state school 376 

apportionment of 377 

distribution , 377 

Furniture — 

school board provide 124 

G 

Garnishment — 

school district subject to 188 

provisions apply to all salaries, wages, etc 189 

General assembly — 

not prescribe text book 16 

General school fund — 
see Fund. 

German — 

taught in public schools — when 239 

Governor — 

approve use of emergency fund 168 

issue proclamation for Arbor Day 224 

issue proclamation for Good Roads Day 231 

appoint trustees of state normal school 326 

Grades — 

of certificate by county superintendent 47 

Ground — 

bonds for purchasing school 13 

Guardian — 

of truant child fined — imprisoned 77 

Gymnastics — 

taught in public schools — when 239 

H 

Hazing — 

unlawful 184 

punishment 185 

punishment for in educational institutions 186 

jurisdiction of justice of peace 187 

Hearing — 

see also Appeals ,5-12 

High schools — 

county high school bond, see Bonds 39-46 

not required to maintain two 46 

counties classified 190 

petition for organization — county superintendent 191 

submission to voters 191 

qualified voters of joint district — vote 191 

three kinds of high schools — define 191 

how maintained 191 

election notices posted twenty days — contents 192 

who may vote 193 



228 INDEX 

High schools — Continued Section 

form of ballot 193 

district board act as judges 193 

canvass returns- — sent to county superintendent 194 

county superintendent announce result 195 

call directors — elect committee 195 

county superintendent ex-ofRcio secretary 195 

term members high school committee 196 

committee — vacancy — how filled 196 

meeting of committee — regular, special 197 

twenty days' notice special meeting 197 

high school district body corporate 198 

may hold real estate 199 

powers and duties of committee 200 

powers and duties of president ■ 201 

powers and duties of secretary 202 

powers and duties of treasurer 203 

powers and duties same directors first and second class 204 

tax levied by county commissioner 205 

tax collected and paid out by county treasurer 205 

tax paid out on warrant president and secretary 205 

high school districts subject to this act 206 

Union high schools — 

how established 207 

kinds 207 

committee at county seat 207 

committee — term — vacancy 208 

committees — meetings 209 

powers of committees 210 

how maintained 211 

proportion of school fund — deficit 211 

apportionment of school fund 211 

forty weeks annually 212 

who may be admitted 212 

districts contributing voice in election 213 

Union high schools counties of fourth and fifth classes — 

organization 214 

how supported 215 

annual levy — building 215 

addition — outlying district 216 

no conflict 217 

board how constituted — election '. 218 

qualifications to enter 219 

course of study 219 

District high schools — 
board in first or second class districts establish high school 220 

High school committee — 

see also High school 195 

High school fund — 

see also Funds 205 

High school tax — 

see also Tax 205 

Holidays — 

school year — month — week — day — national holidays 221 

holidays and semi-holidays 221 



INDEX 229 

Holidays— Continued Section 

Arbor day — 

third Friday in April 222 

how observed in schools 223 

legal holiday 223 

g-Qvernor issues proclamation, report of county superintendent 224 

Colorado day — 

first day in August 225 

when first day falls on Sunday 226 

Columbus day — 
twelfth day of October ' 227 

Election day — 
election day in November 225 

Good roads day — 

second Friday in May 229 

public school observe 230 

proclamation of governor 231 

Humane treatment of animals^ — 

to be taught in public schools 239 

Hygiene — 

taught in public schools 239 

I 

Indebtedness — 

of school districts not incurred by pledging credit (Art. XI) 1 

limit of bonded 14 

of school district refunded — new bonds issued in payment of 35 

Indemnity land — 

what constitute (Enabling Act) 15 

Indigent children — 

relief 79 

Institutes — 

see Normal institutes 234 

I nterest — 

of public school fund only expended (Art. IX) 3 

on school district bonds (Art. IX) 20 

on bonds — special tax levied to pay 22 

on United States and state bonds 32 

on refunding bonds 35 

on new bonds 36 

on school warrants — when cease 103 

rate of — on school orders and warrants — endorsement 232 

J 

Joint district- 
organization 134 

Judges of election — 

administer oath 18 

in first class district 142 

president, secretary and treasurer of school board act as 143 

administer oath to challenged voter 143 

count — declare results — transmit report 144 

Judgment — 

state or county superintendent not render for money 12 



230 INDEX 

Justice of the peace — Section 
report amount of fines collected payable to general school fund 150 

Juvenile disorderly person — 

who is 74 

commitment of— offense ' 78 

K 

Kindergartens — 

may be established free 233 

age of children 233 

part of public school system 233 

teachers have diplomas. 233 

establishment of school mandatory 233 

L 
Librarian — 

ex-offlcio — superintendent of public instruction 20 

assistant — appointment — duties — salary 378 

Library — 

number 6f volumes — amount raised for — report 116 

immoral books, etc., excluded from school 124 

directors may levy special tax for 181, 381 

License — 

see also Certificate 47 

Limit— 

of bonded indebtedness 14 

of tax certified by county high school 205 

of taxes for county school purposes 186, 379 

of special tax in third-class district 188, 381 

IVI 
Maintenance — 

of union high school — length of school year 211, 212 

of kindergartens — special school fund 233 

iVIap — 

of boundaries of district — county superintendent prepare 96 

Meetings — 

for contracting bonded debt 13 

special meeting for bonding 45 

hoard of directors — regular, special or adjourned 112 

special in district of third class — petition — notice 113 

of school board and district — president preside over 114 

• secretary record proceedings of 115 

secretary give notice of 116 

to vote upon free text-books 124 

for organization of new districts 132' 

for uniting districts 133 

of electors in third-class district — officers 148 

of boards of directors of county 196 

of high school committee 197 

of high school committee — special 209 

of state board of education 244 

Misdemeanor — 

persons employing children during school hours — guilty of 63, 72 

failure to publish call for payment of school warrants 108 

superintendent or officer failing to perform duty — guilty of 122 



INDEX 231 

Mileage — Section 
of county superintendent — commissioners may allow — exceptions 87 

Money — 

school board not make profit on district money 13 

amount of — received — expended, etc., by school board 116 

Month — 

school — what constitutes , 221 

Mutes — 

see also Deaf and blind 271 

N 
Narcotics — 

see Alcoholic drinks and narcotics 1-2 

Non-residents — 

admitted to public schools — when 240 

admitted to deaf and blind school.. 278 

Normal districts — 

number of — boundaries 234 

Normal institutes — 

applicant for certificate pay fee 174 

state normal institute fund 175 

apportionment of funds 176 

organization of 234 

classification of counties 234 

executive committee — expenses 234 

funds arising from fees 234 

normal institute fund defined 234 

state divided into districts, classification of county — who conduct 234 

expenses of — how paid — registration fee 234 

appropriation by countj' commissioners 234 

number of — boundaries 234 

where held— when — conductor — instructor 234 

Notice — 

by county superintendent of appeal 8 

to adverse parties upon appeal 8 

of meeting to submit subject of contracting debt 15 

of funds to pay warrants 103 

for presentation of school order for payment 106 

of special meeting in district of third class 113 

of meetings — secretary give 116 

of meeting to organize new district from old 131 

of meeting to unite district 133 

of annual election — how and where posted 142 

publish — failure to give 142 

of intention to be candidate for director — publication of 143 

of special election — failure to give 144 

of examination by county superintendent 149 

of meeting to fill vacancy in high school committee 196 

thirty days before revocation of state diploma 250 

of examination for state diploma '. 252 

to county superintendent — apportionment — state school fund 184, 377 

O 

Oath— 

of office 8 

where filed 9 

upon appeal 8 

president of state board of education administer 9 



232 INDEX 

Oath— Continued Section 

administered to challenged voter 11 

of county superintendent 42 

county superintendent administer to directors, etc 52 

of directors — filed 70 

of challenged voter 93 

of office — trustees of state normal school take 165 

of state superintendent of public instruction 180 

Office — 

challenge to fight duel disqualifies for office 12 

of county superintendent — commissioners provide 88 

kept open when 88 

of superintendent of public instruction 376 

Officer — 

person convicted of embezzlement, not eligible to office 4 

subscribe oath to support constitution 8 

file oath of office with secretary of state 9 

failing to qualify — office becomes vacant 10 

elected to fill vacancy — term expires 11 

no person fighting duel, etc. , hold office 12 

of school — failing to enforce act 2 

directors — term — power 110 

duty — failing or refusing to perform 122 

of new district from portions of old 132 

of county high school committee 196 

of union high school committee 207, 208 

not interested in public contract 235 

not deal in warrants ...237 

Official bond — 
see Bond. 

Omission — 

of county commissioner to levy school tax 380 



Orders — 

see Warrants. 

Organization — 

of board of directors in first-class district 110 

of new district from old 131, 132 

of joint district 134 

P 

Parental or truant school — 

see also Truant schools 352, 363 

Petition — 

of voters to submit question of bonded debt 13 

of special meeting in district of third class 113 

for organization of new district 131 

to annex or detach territory to district 133 

to submit question of county high school — contents 191 

to commit child to truant school — contents — verification 357 

Penalty — 

see Fines. 

Permanent school emergency fund — 

see also subheading under Funds 165, 172 

Personal property — 

school board hold in trust 124 



INDBX 233 

Persons — Section 
of school age stated in report of board 116 

Physical examination of children — 

state superintendent prepare test charts 68 

teacher report defectiveness .,. 69 

expenses, how paid 70 

Place^ 

of holding annual election 142 

of holding normal institutes 234 

Powers — 

of truant officer 75 

of directors in district of first and second class 110 

of directors to make by-laws 123 

of election in district of third class 98, 148 

of high school committee 124, 196 

of union high school committee. .132, 210 

of directors over district high schools 128, 220 

President — 

of directors sign bond 21 

administer oath to directors Ill 

preside at meetings of school board and district 114 

sign orders on county treasurer — appear in suits 114 

of school board act as judges of election 143 

of trustees of state normal school — duties 330 

President of state agricultural college — 

recommend member of board of examiners 251 

President of state board of education — 

administer oaths upon appeal — render decision. 11 

President of state normal school — 

assist in fixing time and place of holding normal institutes 234 

recommend member of state board of examiners 251 

sign report 334 

President of state school of mines — 

recommend member of board of examiners , 251 

President of state university — 

recommend member of board of examiners 251 

Printing — 

of school laws — how paid 375 

registers and blank books — how paid 375 

Property — 

annexed to district liable to bond tax 33 

of new district formed from old 140 

Publication — 

of call of payment of school warrants — failure — penalty 108 

of statement of district funds in first-class district HI 

of notice of annual election 142 

Public contracts — 

officers not interested in 235 

penalty 236 

officer dealing in warrants — penalty 237 

Public indebtedness — 

restrictions concerning ■. 1-2 



234; INDEX 

Public institutions — Section 

educational — supported by state (Art. VIII) 1 

what are educational (Art. VIII) 5 

Public moneys — 

embezzlement of — makes person ineligible to hold ofRce (Art. XII) 4 

Public school income fund- 
see Funds. 

Public school — 

school lands 7 

support of — provide for sale of lands 14 

age of pupils who may attend (Art. IX) 2 

at least three months in each district (Art. IX) 2 

providing for establishment and maintenance of free (Art. IX) 2 

fund, of what consists (Art. IX) 5 

no sectarian doctrines taught in 8 

no distinction of race or color in 8 

general assembly provide for organization 15 

prohibition concerning text books 16 

corporation subject to school tax 10 

alcoholic drinks and narcotics taught in school 1 

attendance at night 73 

number of — stated in report of board 116 

school board exclude immoral books, etc., from 124 

school board fix time for opening and closing 124 

public — defined 238 

public school — kinds 238 

taught in English language — Spanish — German 239 

humane treatment to animals 239 

public — open to children of school age 240 

must be maintained three months — failure 241 

Punishment — 

of illegal voting 143 

Pupils — 

no distinction of — in public school 8 

number in school — enrolled — attendance in report 116 

school board require to be furnished with books 124 

suspend or expel — exclude under six years 124 

admitted from adjoining district 124 

Q 

Qualifications — 

of electors (Art. VII) 1 

of elector for any civil or military office (Art. VII) 6 

religious test or qualification prohibited (Art. IX) 8 

of county officers (Art. XIV) 10 

to issue bonds 13 

of teachers 47-149 

of voters at school election 143 

at election to contract debt .' 143 

for admission to district high school 220 

for admission to union high school 210-212 

for conductor or instructor of normal institute 234 

of applicant for state diploma 245-252 

for admission of students to state normal school 328-329 

Questions — 

for examination of teachers prepared by state superintendent 47, 374 



INDEX 235 

R 

Real estate — Section 

school board hold, In trust ..134 

district take and hold, amount 141 

Recommendation — 

of state board examiners 252 

of state superintendent of public instruction 376 

Records — 

of transactions of truant officers 75 

of county superintendent's office open to inspection 94 

of organization of new districts 132 

Redemption — 

of bonds — manner 31 

of refunding bonds — of new bonds 35 

Refunding — 

bonded indebtedness of school district 35 

Regents of university — 

election — term of office — body corporate (Art. IX) 12 

shall elect president — term of office — duties (Art. IX) 13 

shall have control of funds of university (Art. IX) 14 

Registers — 

state superintendent to print and furnish 375 

teacher keep daily — file with secretary 384 

additional — kept by teacher 384 

Registration fee — 

normal institute 234 

Registry — 

of school district bonds — when — how 23 

Religion — 

instructions in, not to be given in parental or truant school 355 

inmates of such school may receive training in.. 198, 355 

Religious service — 

teachers and students not required to attend (Art. IX) 8 

Removal — 

of teacher — when 383 

Rent — 

school houses — school board may 124 

Repair — 

school houses — school board may 124 

Report — 

see also Biennial report. 

of certificates granted by directors of first-class districts 47 

annual of county superintendent 91 

penalty for failure of county superintendent to make 92 

secretary to preserve copies of 115 

make annually — what contain 116 

of school board — annual 124 

to state superintendent 124 

of election — ^judges make and transmit 144 

of fines collected by justice of peace 150 

of county treasurer of amount of fines received 151 

county superintendent make annual of Arbor Day 224 

of trustees of state normal school contents — verification 334 



236 INDEX 

Residence — Section 
of an unmarried person 97 

Revenue — 
see Taxes. 

Revocation — 

of certificate by county superintendent 47 

of state diploma 250 

Rules — 

of state superintendent — board enforce 124 

of meetings in third-class districts 148 

state board of education adopt 244 

S 

Salary — 

classification of counties for. 15 

of county superintendent 87 

of teacher adult blind ' 283 

of assistant state librarian 378 

School — 

see also Public school 238 

School age — 

defined 242 

School boards — 

see Directors. 

School buildings — 
see Buildings. 

School census — 

secretary take annually — forward to county superintendent 115 

copy for districts of first and second class 115 

of new district 131 

basis of division of school funds in new district 140 

defined 242 

who included in 242 

School day — 

what constitutes 221 

School districts — 

see Districts. 

School fund — 

see Funds. 

School furniture — 

school board provide 124 

School for deaf and blind — 

see subhead under State educational institutions. 

School grounds — 

district may hold real estate 141 

creating debt to purchase 143 



INDEX 237 

School houses — Section 

exempt from taxation (Art. X) 5 

lots exempt from taxation (Art. X) 5 

number and value stated in report of board 116 

school board may rent, repair, insure, build or remove 124 

of new district formed from old 140 

site of — fixed by electors in third-class district 148 

sale of — by electors of third-class district 148 

School income property — 

exempt from taxation (Art. X) 5 

School lands- 
sections 16 and 36 are (Enabling Act) 7 

seventy-two sections for university 10 

how sold — price 14 

mineral lands excepted 15 

indemnity lands 15 

School laws — 

published by superintendent of public instruction 375 

how distributed 375 

School lots — 

see Directors and Electors. 

exempt from taxation (Art. X) 5 

directors purchase or sell— where 124-81 

directors may hold — when 141-91 

School month — 

221 

Schools — 

see also Public schools 238 

School year — 

commence and end 221 

Seal— 

of district attached to bonds 21 

of trustees of state normal school 324 

Sectarian Institutions — 

appropriations to, from school fund prohibited (Art. IX) 7 

Secretary of high school committee — 

give notice of meeting- 196 

Secretary — 

file transcript in office of county superintendent — certify it 8 

ascertain number of blind and deaf mutes 97 

preside in absence of president 114 

give bond — conditions — approval — where filed 115 

duties of .115, 116, 119 

failure to file report and census list 120 

school board to fix compensation 124 

give notice of annual election — failure 142 

publish or post notice of candidates for directors 143 

act of judges of election 143 

furnish ballots 143 

Secretary of state normal school — 

sign report 334 



238 INDEX 

Secretary of trustees — Section 

of state normal school — bond — duties 330 

Secretary of state — 

member of state board of education 243 

Spanish — 

taught in public schools — when 239 

Special meetings — 

see Meetings. 

Special tax — 

to pay interest on bonds — cash 22 

arnount of — for support of schools, etc 116 

to pay school expenses — when commissioners levy 379 

directors certify amount commissioners levy — payable in cash 381 

not reconsider levy of 382 

State aid for weak districts — 

see also subheading under Funds 165-172 

State auditor — 

register bonds 23 

approve bond state superintendent of public instruction 373 

draw warrant for printing school laws 375 

draw warrant for state school funds 377 

State board of education — 

who shall constitute — powers — duties 1 

not prescribe text books 16 

appeal to, from county superintendent 11 

not render judgment for money 12 

who shall constitute 243 

meeting and powers of 244 

normal institute fund 244 

grant diplomas 245 

certificates from other states : 245 

diploma for eminent service 246 

who need not take examination 247 

diplomas without examination 248 

diplomas license for five years 249 

temporary non-renewable certificate 249 

board may revoke diploma 250 

remove state teacher adult blind 282 

State board of examiners — 

who constitutes — how appointed 251 

applicants to be examined 252 

grades how applied 252 

experience required before examination 252 

certificates from other states 252 

requirements of applicants 253 

State board of health — 

recommend standard works on narcotics 1 

State bonds — 

see Bonds. 

State diplomas — 

see also Diplomas 245-250 

State educational institutions — 

charitable institutions established (Art. VIII) 1 

properties and moneys — location (Art. VIII) 5 



INDEX 239 

state educational Institutions — Continued Section 

locations changed when (Art. VIII) 5 

classification of appropriations (Art. VIII) 5 

internal improvement includes what 5 

no religious test required for admission (Art. IX) 8 

Agricultural college at Fort Collins- 
college — objects 254 

design and objects 255 

qualifications of students 256 

programme 257 

duration of course 258 

academical year — term — suspension 259 

labor on farm — hours 260 

tuition fees — discrimination 261 

board control college and farm — by-laws 262 

board choose president and tutors — ^vacancy 263 

board employ professor long term 263 

employment extending over term 263 

board prescribe duties — confer degrees 264 

faculty how constituted 265 

wages to students — boarding at cost 266 

Agricultural college at Fort Lewis — 

school of agriculture, mechanic and house arts 267 

state board of agriculture, control 268 

Horticulture and forestry- 
branch school at Grand Junction ' 269 

state board agriculture manage 270 

Colorado school for deaf and blind- 
object of institution 271 

name of school 272 

■educational institution of state 273 

trustees — appointment — term 274 

superintendent — appointment 275 

duties of superintendent — discharge of teachers 276 

admission of pupils — support 277 

residents of other states — when admitted 278 

when counties pay expense 279 

Teacher — adult blind — 

office of state teacher 280 

duties of teacher 281 

services — report 282 

salary — how payable — expenses 283 

Industrial school for boys — 

industrial school established 284 

located — building • 285 

board of control appointment — term — vacancies 286 

biennial report to state superintendent 287 

board make rules — appoint superintendent, agencies, etc 288 

duty of board to receive boys 289 

commitment to school — term — jurisdiction of courts 290 

parent, guardians indenture boys to school 291 

treatment — board may return, duty of magistrate 292 

discharge or bind boy — when 293 

persons caring for boy — compensation — schooling 294 

clergymen impart religious instruction 295 

Industrial school for girls — 

industrial school established 296 

board of control — appointment — term — superintendent. : 297 

county liable for maintenance — statement 298 

powers of board 299 

board receive all persons committed 300 



240 INDEX 

state educational institutions — Continued Section 

Industrial school for girls— Continued 

under control of board 301 

regulations established by board 302 

rules established by board 303 

credit for good behavior 304 

marks of credit 305 

release of girls 306 

girls may be placed in homes 307 

superintendent — duties 308 

superintendent keep daily journal 309 

register — contents 310 

abstract of record 311 

parole 312 

incorrigible girls returned home 313 

commitment — term 314 

jurisdiction of courts — summary proceedings 315 

peace officers arrest — when 316 

cause of commitment certified superintendent 317 

commitment — return to county 318 

not confined to jail — appeal 319 

term of commitment 320 

school non-sectarian 321 

State normal school — 
establishment of 322 

State teachers' college of Colorado — 

state normal known as... 323 

trustees — powers — seal — by-laws 324 

governor appoint trustees — term — oath 325 

part public school system — apportionment fund 326 

supervisory power over 326 

powers of trustees 327 

qualifications — examinations — declaration 328 

open to residents of states — other persons — fees ..329 

ofHcers of board— duties — bond 330 

diplomas — examination — graduation 331 

diplomas license to teach — how annulled 332 

normal school diploma 332 

registration of diploma 332 

no fee for diploma 333 

no fee for registration 333 

report trustees — contents — verification 334 

Normal school at Gunnison — 

school established at Gunnison 335 

management 336 

School of mines — 

located at Golden 337 

board of trustees — term 338 

control — management 339 

instruction provided for ' 340 

trustees cannot issue diplomas except 340 

school open to all 341 

governor appoints trustees consent senate 342 

State home for dependent and neglected children — 

state home established 343 

board control — appointment — term 344 

object — dependent children received — guardianship 345 

children placed in private homes 346 

guardianship ceases — ward becomes self-supporting 347 

classes of children returned to counties 347 



INDEX 241 

State educational institutions— Continued Section 

State home and training- school for mental defectives — 

establish home 348 

management state home 349 

superintendent — matron — appointment 350 

who admitted to state home 351 

Truant schools — 

established — in what cities 352 

sites — location — furniture — levy 353 

officers — course of instruction 354 

no religious instruction — religious training 355 

directors determine use of Bible in school 355 

habitual truant — petition to court 356 

hearing — commitment — notice 357 

parent or guardian pay maintenance 358 

regulations for parole 359 

monthly report — discharge — recommitment 360 

violation of parole — penalty — second parole 361 

incorrigible — committed to reformatory 362 

established cities over 25, 000, under 100, 000 363 

University — 

studies — qualifications of students 364 

change of location of university 364 

each county entitled to one pupil free 365 

tuition fee 366 

religious or irreligious control 367 

regents — election — term of office 368 

departments — degrees — diplomas 369 

report — contents 370 

regents report to state superintendent public instruction 371 

State noirmai institute fund — 

how constituted 125 

apportioned — used 176 

State normal school — 

established at Greeley 322 

known as state teachers' college 323 

trustees — corporate powers — seal 324 

governor appoint trustees — oath — term — superintendent public instruction 

member 165, 325 

part of public school system — apportionment of funds 166, 326 

powers of trustees , 167, 327 

qualifications for admission — examination 169, 328 

open to residents of the state — other persons — fees 170, 329 

officers of board — duties — bond 171, 330 

diplomas — examination — graduation 172, 331 

diploma license to teach — license annulled 332 

registration of normal school diploma 332 

no fee for diploma 333 

no fee for registration 333 

report of trustees — contents — ^verification 334 

at Gunnison 335-336 

State school fund — 

see Funds. 

State superintendent of public instruction — 

see also Superintendent of public instruction. 

State teachers' college of Colorado — 

323 



242 INDEX 

state university — Section 

regents of — terms (Art. IX) 12 

president of — ex-offlcio member of — duties (Art. IX) 13 

duties of board of regents (Art. IX) 14 

Student — 

qualifications for admission to state normal school 328 

sign statement to teach in public schools 329 

Study — 

see Course of study 129 

of alcoholic drinks and narcotics 1 

course of, in state normal school 327 

Suffrage — 

see Election. 

eligibility to office (Art. IV) 4 

Suits — 

to recover fines, penalties and forfeitures 177 

State superintendent — 

executive department consist of whom (Art. IV) 1 

when chosen (Art. IV) 2 

who eligible (Art. IV) 4 

vacancy how filled 8 

ex-offlcio state librarian (Art. IV) 20 

president state board of education (Art. IX) 1 

take oath to support constitution (Art. XII) 8 

oath filed with secretary of state 9 

prepare test charts for physical examination 68 

direct apportionment of general fund — when ' .120 

publish flag act with school law 160 

pay examination fees to state treasurer 175 

apportion state normal institute fund 176 

promote observance of Arbor Day 224 

certify to state auditor number attending normal institute 234 

assist in flxing time and place holding institute 234 

president state board of education 243 

president state board of examiners 251 

flx bond for secretary state normal school 330 

member board of trustees state normal school 331 

member of examining board state normal school 331 

may annul normal school diploma 331 

regents of state university report to 371 

when elected — term 372 

oath and bond 373 

office — duties — powers 374 

furnish registers and blank books 375 

approve bills for printing school laws 375 

certify to state treasurer for blanks 375 

publish school laws 375 

supervision of county superintendent and public schools 375 

powers in regard to certiflcates 375 

take no part in organizing district 375 

special elections 375 

no power to compel county superintendents to turn over records 375 

biennial report — visits — expense 376 

governor may require information of 376 

apportionment of school fund 377 

two apportionments 377 

assistant librarian— salary ." 378 



INDEX 243 

Suspension — Section 
of pupils by school board 124 

T 
Tax — 

see Special tax. 

to pay principal of bonds — interest 22 

amount of — fixed by electors in third-class districts 148 

limit of levy for high school — collection — paid Out 205 

no increase beyond legal rate to provide for truant school 353 

Taxation — 

what property exempt (Art. X) 5 

corporation subject to tax (Art X) 10 

Taxes — 

special tax — commissioners levy to pay bonds 22 

to pay bonds — commissioners levy. 37 

county treasurer certify amount collected and uncollected 102 

county commissioners levy county school — basis — limit 379 

certification of valuation to school district 379a 

assessor certify valuations 379a-l 

statutory rates decreaSfed 379b 

15^ increase allowed 379b-l 

taxing power limited 379b-2 

increase levy submitted to tax commission 379b-3 

not limiting levy to pay outstanding lawful debts 379b-4 

county clerk must levy — officers failing — forfeitures 187, 380 

school board certify amount needed to county commissioners 301 

twenty mill limit — duties assessors and treasurer 38J 

one-tenth of one mill for libraries 381 

mandamus county commissioners when 381 

electors levy special tax 381 

property located partly within district 381 

levy not to be reconsidered 382 

Teachers — 

not required to participate in religious services (Art. IX) 8 

penalty for failure to comply with narcotic law 2 

report physical condition of pupils 69 

number employed stated in report of board — amount paid 116 

school board determine number 124 

board require to conform to law 124 

employed and discharged by school board ■ 124 

examination of 149 

pay examination fee 174 

of kindergarten — have diplomas 233 

examination of for state diploma 245-253 

of adult blind 280 

duties of adult blind teacher 281 

must have license — expiration — proviso 383 

^ dismissal of — for cause only 383 

teacher keep register — statistics — blanks 384 

to provide a minimum salary for teachers .384a 

amount of salary allowed 384a-l 

county superintendent apportion 384a-2 

may receive aid from state 384a-3 

levying tax 384a-4 

Teachers' normal institutes — 

see also Normal institutes 234 



244 INDEX 

Teachers' retirement fund — Section 

under control of directors 385 

payable to whom 386 

mode of securing fund 387 

Term — 

of office of county superintendent 83 

of olHce of school directors and officers 110 

of office of directors appointed flrst-class districts 123 

of school fixed by school board 124 

of office of directors in new district 132 

of olHce of high school committee 196 

of office of union high school committee 208 

of school year of union high school 212 

of office of trustees of state normal school 325 

of office of superintendent public instruction 372 

Territory — 

annexed to or detached from district 133 

Testimony — 

taken upon appeal from directors 10 

none taken upon appeal from county superintendent 11 

Text books — ♦ 

prohibition in regard lo 16 

when furnished free 124 

school board designate kind — not change — exception 124 

Tie- 
vote at regular election 144 

Time— 

of holding institutes 234 

Tobacco — 

penalty selling to children under sixteen 4 

Transcript- 

of record upon appeal to county superintendent 8 

of proceedings before county superintendent 11 

Treasurer of scliool board — 

of school district advertise — pay district bonds 22 

purchase territorial bonds — premium 31 

invest funds in United States bonds — record 31 

collect interest coupons — turn over proceeds 32 

failure to publish call for school warrants — misdemeanor 108 

give bond — publish statement of district funds in first class district Ill 

countersign and keep account of warrants 121 

take charge of moneys — pay same out 121 

render statement — failure to perform duties 121 

act as judge of election 143 

Truant — 

defined 74 

habitual to be brought before county court 356 

committed to parental or truant school — appeal 357 

expense of, how paid 358 

Truant officer — 

directors in first and second class districts appoint 75-77 

compensation — powers — duties — record 75-77 

in third class districts 76 

make complaint to county court 77 

duties 77 

report indigent parents or guardian 79 

duty under parental or truant school act 356 



INDEX 245 

Truant schools — Section 

no religious test 8 

parent of truant child fined — imprisoned 77 

to be established when — where 352 

building — site — location — no increase of levy 353 

duty of board of education to furnish — of city where established 353 

powers and duties of officers — course of instruction — teachers 354 

no religious instructions in — regulation 355 

directors determine use of Bible in school 355 

child committed to — by county court on petition 356 

parent notified of proceedings to commit to 356 

hearing — commitment — notice to parent 357 

parent or guardian pay maintenance 358 

board of education make rules for parole 359 

discharge — recommitment — monthly report .- 360 

violation of parole — recommitted 361 

incorrigible child committed to juvenile reformatory 362 

established in cities over 25,000, under 100,000 363 

Trustees — 

of state normal school^ — number — powers 324 

governor appoint — term of office — oath 325 

superintendent of public instruction — member » 325 

appoint faculty — powers 326 

prescribe qualifications of students 327 

report of 334 

elect president — bond of secretary 335 

Tuition — 

school board determine rate for non-residents 124 

U 

Union high school — 

see also High school 207-219 

United States bond — 

see Bonds. 

University — 

lands for support of (Enabling Act) 10 

regents — election 368 

regents elect president — powers (Art. IX) 13 

regents control university (Art. IX) 14 

V 

Vacancy — 

in office of county superintendent — how filled 86 

of school directors — how filled • 95 

of school directors Ill 

inboard of directors — absence may work 114 

in boards of first-class districts 123 

in judges of election — how filled 143 

in high school committee — how filled 196 

of union high school committee — how filled 208 

Violation — 

of compulsory education law — penalty 80 

Visits— 

of superintendent of public instruction 376 

Vote— 

of elector rejected — when 143 



246 INDEX 



Voter — Section 

privilege from arrest 5 

see Electors. 

upon issuance of bonds — challeng-e 18 

two may give notice of annual election , 142 

W 

Wages — 

school boards fix amount of and pay 124 

Warrants — 

school fund disbursed on warrant county superintendent 4 

endorsed by county treasurer- — listed — draw interest — paid 103 

in excess of tax levy unlawful 103 

county treasurer pay in order of registration — notice to present 106 

failure of county treasurer to publish call for payment of 108 

upon county treasurer — president sign — drawn to person indebted 114 

secretary draw and countersign 115 

secretary draw and countersign — keep register of 115 

treasurer countersign and keep account of 121 

not drawn for payment of delinquent officer 122 

rate of school interest — endorsed thereon 232 

officer not deal in , 235 



LIBRARY OF CONGRESS 



020 975 496 4 



